Agenda, regular meeting, first session — Del Mar City Council, October 7, 2024 (part 1 of 4)

Table of Contents
10-7-2024 Revised Regular Meeting Agenda
Item 1- Draft Action Minutes Regular Meeting 9-23-2024.

Item 2 - List of Demands
Item 4 - Environmental Agreement Amendments
Item 5 - Adoption of IH and Condo Ordinances
Item 6 - Agenda Report - San Dieguito Drive Permits FINAL Item 7 - UUD X1A Permits, Easements, Exemption, and Task Order Amendment_Redacted Item 8 - Hoska Alley Construction Award
Item 9 - TSVS Guiding Principles
Item 10 - North Coastal Clean Air Partnership
Item 11 - City Council Interviews and Appointment
Item 12 - Local and Regional Meeting Coverage- Agenda Report 2 9
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
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.

REVISED Regular Meeting
Monday, October 7, 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
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED 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. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. 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: September 23, 2024, Regular Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated October 7, 2024 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

4. Amendments to As-Needed Environmental Consulting Services Agreements
Recommended Action: Staff recommends the City Council: 1) Approve the First Amendments to the Agreements with AECOM Technical Services, Inc. (AECOM) (Attachment A), Helix Environmental Planning, Inc. (Helix) (Attachment B), RECON Environmental, Inc. (RECON) (Attachment C), and SWCA Environmental Consultants (SWCA) (Attachment D) for As-Needed Environmental Consulting Services (Amendments) extending the terms for an additional two-year period ending September 30, 2026, and adjusting fees for inflation; and 2) Authorize the City Manager to execute the Amendments.

Reference: Clerk’s File No. 406-1

5. Adoption of Ordinances to Repeal and Replace the Inclusionary Housing and Condominium Conversion Regulations in Del Mar Municipal Code Chapters 24.21 and 24.40 and Related Amendments to the Certified Local Coastal Program for the North Commercial and Professional Commercial Zoning Regulations
Recommended Action: Staff recommends the City Council take the following actions:
1) Adopt the Inclusionary Housing and Condominium Conversion Regulations Ordinance to repeal and replace the Del Mar Municipal Code (DMMC) regulations in Chapters 24.21 (Inclusionary Housing) and 24.40 (Condo Conversions) to implement Housing Element Programs 4D and 4E (Attachment A), including the changes read into the record at the introduction hearing identified in strikeout underline format in Attachment B; and 2) Adopt the associated Ordinance to amend the DMMC Zoning Regulations Section 30.24.070(A) North Commercial (NC) Zone Development Standards and Section 30.25.070(A) Professional Commercial (PC) Zone Development Standards in the City’s certified Local Coastal Program (LCP) to make minor corrections for consistency with the citywide regulations (Attachment C).

Reference: Clerk’s File No. 303-1, 401-4, 401-9
VIII. PUBLIC HEARING

6. San Dieguito Drive Improvements Project CEQA Determination and Discretionary Permits
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) approving Design Review Permit (DRB24-0074), Land Conservation Permit (LC24-006), Conditional Use Permit (CUP24-004), Coastal Development Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Permit (CDP24-024), and Tree Removal Permit (TRP24-012) to improve San Dieguito Drive to public road standards.

Reference: Clerk’s File No. 901-4

7. Utility Undergrounding District X1A (Crest Canyon) - Approval of Design Review Permit (DRB24-003), Conditional Use Permit (CUP24-003), and Coastal Development Permit (CDP24-020); Acceptance of Grant Deed of Easements for SDG&E; Grant of Exemption for 1810 San Dieguito Drive; and Approval of Task Order Amendment for Utility Specialists Southwest, Inc.

Recommended Action: Staff recommends that the City Council:
1) Adopt a Resolution approving Design Review Permit (DRB24-003), Conditional Use Permit (CUP24-003), and Coastal Development Permit (CDP24-020) for the undergrounding of utility lines, removal of utility poles, installation of above grade utilities, and related construction of trenches and grading located within the Underground Utility District X1A (Crest Canyon) (Attachment A); 2) Approve a Resolution granting easements from the City to SDG&E which concern City properties located along San Dieguito Drive and Racetrack View Drive (APN:
299-200-72-00) and 15th Street (APN: 299-260-45-00) (Attachment B); 3) Approve a Resolution Granting an Underground Utility Exemption Allowing 1810 San Dieguito Drive (APN: 299-200-71-00, 299-200-09-00, and 299-200-10-00) to Maintain Two Overhead Electric Poles and Related Communication Facilities (Attachment C);
4) Approve a $57,755 Task Order Amendment with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD X1A (Attachment D); 5) Affirm the determination this project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302(d) (Class 2) and 15304 (Class 4); and
6) Authorize the City Manager to execute the referenced easement grants and task order amendment on behalf of the City.

Reference: Clerk’s File No. 1001-2
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS

8. Award of Construction Contract to Bert W. Salas, Inc. and Related Actions for the Hoska Alley Street and Storm Drain Improvements Project Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Recommended Action: Staff recommends that City Council: 1) Award a $441,796.50 construction contract to Bert W. Salas, Inc. (Attachment A) for the Hoska Alley Street and Storm Drain Improvements Project; 2) Award a $69,780 Task Order to Dudek for Construction Management and Inspection Services (Attachment B); 3) Approve a 10% project contingency of $51,423; 4) Authorize the City Manager to execute the required documents and any contract changes necessary to complete the work; and 5) Amend the Fiscal Year 2024-2025 Operating and Capital Budget as described in the Fiscal Impact Section of this report.

Reference: Clerk’s File No. 406-1, 803-3

9. Guiding Principles for Amending Trees, Scenic Views, and Sunlight Regulations
Recommended Action: Staff recommends the City Council receive an informational update and provide feedback and direction regarding proposed guiding principles for amending the City’s Trees, Scenic Views, and Sunlight regulations.

Reference: Clerk’s File No. 401-4, 1403-7

10. Request for Contribution to the North Coastal Clean Air Partnership from County Supervisor Terra Lawson-Remer
Recommended Action: Staff recommends the City Council: 1) Consider a request from Third District County of San Diego Board Supervisor Terra Lawson-Remer for a contribution to support coastal communities in south San Diego County affected by the Tijuana sewage crisis; and 2) Identify the amount to be provided and amend the Fiscal Year (FY) 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section of this report.

Reference: Clerk’s File No. 1403-4

11. City Councilmember Vacancy – Application Review and Interviews TIME CERTAIN 5:30 PM
Recommended Action: Staff recommends the City Council review the applications submitted to the City, interview the candidates, and appoint a new Councilmember to serve the remainder of the vacant term beginning October 21, 2024, and expiring in December of 2026; or, alternatively, continue the matter to a future Council meeting and provide direction to staff, as needed.

Reference: Clerk’s File No. 401-1

12. Coordination of Council Local and Regional 2024 Meeting Coverage Recommended Action: Staff recommends the City Council: 1) Review and discuss the local and regional meetings for the remainder of the 2024 calendar year (Attachment A) to ensure adequate coverage and make interim appointments if Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us needed; 2) Consider appointment of former Councilmember Worden to serve as the City’s representative to the METRO JPA Board through the end of 2025; and 3) Consider whether to make primary and alternate appointments to the Regional Solid Waste Association now or as part of the 2025 Council appointments.

Reference: Clerk’s File No. 401-5
XI. 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)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker) 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) F. League of California Cities – Coastal Cities Group
G. North County Transit District (NCTD) (Martinez/Druker) H. Regional Solid Waste Association (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 (Gaasterland/Martinez) M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Quirk)
P. Other Regional Organization Reports
XII. 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)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Gaasterland) Del Mar City Council Regular Meeting October 7, 2024
Agenda- REVISED Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez)
P. Traffic and Parking Advisory Committee (Quirk)
Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIII. 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.

October 21, 2024
Oath of Office for New Councilmember (Tentative Pending Council Appointment) Lithium Ion Battery Safety Presentation
Military Use of the LOSSAN Rail Corridor Presentation
Blue City Network Certification Presentation
Contracts for As-needed Construction Management and Inspection Services Contracts for As-needed Fats, Oil, and Grease Consultant Services Contract with Redflex for Traffic Signal Enforcement Cameras 2025 City Council Meeting Schedule
XIV. 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 3 rd day of
October, 2024 at approximately 5:30 p.m.
___________________________________________ 10/2/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 23, 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. Councilmember Quirk left the meeting at 6:32 p.m.

CITY ATTORNEY CLOSED SESSION REPORT
None.

PLEDGE OF ALLEGIANCE
Councilmember Worden led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful EDCO hosted Del Mar Recycles Event held on September 14, 2024, which diverted 19.2 tons of waste from the landfill; completion of the 2023 Water, Wastewater, Paving and Storm Drain improvement project; and impacts of the San Diego Association of Governments (SANDAG) Del Mar Bluffs 5 (DMB5) project construction. Assistant City Manager Clem Brown provided an overview of the DMB5 project construction including the scope and necessity of night work, North County Transit District “Absolute Work Windows” granted for the project, impacts to surrounding residents, and who to contact with concerns.

Council comments and questions focused on impacts of nighttime construction and potential solutions; dust and use of dust suppressant; and whether SANDAG can provide a more detailed construction schedule to help residents know what to expect.
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PRESENTATIONS
ITEM 1: APPRECIATION FOR OUTGOING COUNCILMEMBER DWIGHT WORDEN (CLERK’S FILE NO. BOOK OF RESOLUTIONS, 401-1)
Mayor Druker introduced the item at a time certain of 7 p.m. and presented a resolution of appreciation for Councilmember Worden on behalf of the City Council.

Proclamations were presented by State Senator Catherine Blakespear’s District Director Francine Busby; State Senator Toni Akins’ District Representative Cole Reed; State Assemblymember Tasha Boerner’s Senior Field Representative Andres Geurts-Barreto; U.S. Congressman Mike Levin provided a video statement and his Director of Constituent Services Shannon Bradley presented a proclamation; County of San Diego Supervisor Terra Lawson-Remer’s Manager of Community Engagement and Intergovernmental Affairs Cipriano Vargas; and San Dieguito River Valley JPA Executive Director Shawna Anderson.

Former Del Mar Mayors Sherryl Parks, Terry Sinnott, and Ellie Haviland spoke thanking Councilmember Worden for his service and wishing him well in retirement from public office.

Mayor Druker opened the item to public comment and the following people spoke:
1) Betty Wheeler with donations of time from Ed Mirsky and Phyllis Mirsky 2) Lynn Gaylord
3) Bob Gans
4) Rose Ann Sharp
5) Donna Shaw (read red dot letters from Linda and Frank Chisari) 6) Carol Kerridge
7) Jeanne Waite
8) Larry Brooks
9) Jeff Barnouw
10) Tom McGreal
11) Claire McGreal
12) Suren Dutia
Mayor Druker closed the item to public comment.

Council discussion focused on Councilmember Worden’s role in forming the City’s Code of Civil Discourse: Civility Works; his positive impact on the City Council and community; and his institutional knowledge.

City Manager Jones provided comments and presented Councilmember Worden with a Del Mar street sign and signed photo collage on behalf of City staff.

City Attorney Leslie Devaney thanked Councilmember Worden for his service and presented him with a signed caricature collage on behalf of Devaney, Pate, Morris and Cameron, LLP.

CITY COUNCIL ADOPTED RESOLUTION 2024-48, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, EXPRESSING APPRECIATION FOR OUTGOING COUNCILMEMBER DWIGHT WORDEN,” WITH COUNCILMEMBER QUIRK ABSENT.

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. 2 October 7, 2024 Item 01
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IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 5, 7 THROUGH 9 AND 12. (VOTE 5- 0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 9, 2024 REGULAR MEETING (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 23, 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.

ITEM 5: ACCEPTANCE OF 2023 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS (CLERK’S FILE NO. 201-13)
Council accepted $6,352 in grant funds from the Fiscal Year 2023 State Homeland Security Program (SHSP) for the purchase of individual thermal imaging cameras and fire rescue equipment for the Del Mar Fire Department; and authorized the City Manager to execute the necessary grant documents, on consent.

ITEM 6: ADOPTION OF AN ORDINANCE TO ESTABLISH SHORT-TERM RENTAL REGULATIONS (CLERK’S FILE NO. 301-19, 401-4, 401-9)
The item was pulled from the Consent Calendar for public comment. Mayor Druker opened public comment and Branda Sampiere and Kimberly Jackson spoke. Mayor Druker closed public comment.

City Council questions focused on short-term rentals in primary residences; clarification on the deadline for registering short-term rentals (STRs); home inspection provisions in the regulations; California Coastal Commission (CCC) approval process; and STR noticing requirements in the regulations.

City Council comments focused on the City’s process for developing the short-term rental regulations; ability for City Council to adjust regulations in the future, if needed; primary residence requirement; and annual progress updates that will be provided by staff to the Council.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY
COUNCILMEMBER MARTINEZ TO ADOPTED ORDINANCE 1010, “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (TITLE 30 ZONING CODE) TO ESTABLISH A NEW 3 October 7, 2024 Item 01
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CHAPTER 30.96 SHORT TERM RENTAL REGULATIONS; AND AMENDING THE CITY’S CERTIFIED LOCAL COASTAL PROGRAM ALL RELATING TO THE

ESTABLISHMENT OF SHORT TERM RENTAL REGULATIONS AND PERMIT REQUIREMENTS AND IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAM 5C (PRESERVE THE CITY’S EXISTING HOUSING STOCK)”. (VOTE 4-1,

WITH DEPUTY MAYOR GAASTERLAND OPPOSED)
Ayes: Mayor Druker, and Councilmembers Martinez, Quirk and Worden; Noes: Deputy Mayor Gaasterland; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 7: 2024 ROY & MARIAN HOLLEMAN FOUNDATION GRANT APPLICATION &

ACCEPTANCE OF A SEPARATE DONATION FOR FIRE STATION EQUIPMENT (CLERK’S FILE NO. 201-13, 1202-5)
Council approved submission of a grant application for $10,000 to the Roy & Marian Holleman Foundation for Fire Station equipment; accepted a separate donation of two refrigerators for the Fire Station; and authorized the City Manager to execute the required grant and donation documents and accept the grant funds, if awarded, on consent.

ITEM 8: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Bret D’Vincent as a voting member to the Finance Committee to serve a full three-year term effective September 23, 2024, and ending on September 30, 2027, on consent.

ITEM 9: CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT’S AGENT RESOLUTION (CLERK’S FILE NO. 1501-12, 1502-22) Council adopted Resolution 2024-47, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, DESIGNATING REPRESENTATIVES TO EXECUTE APPLICATIONS TO THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY

SERVICES FOR OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL ASSISTANCE IN THE EVENT OF A DECLARED DISASTER”, and authorized staff to complete the updated form (Cal OES 130) required by Cal OES to be executed by the governing body of the jurisdiction requesting reimbursement, on consent.

PUBLIC HEARING
ITEM 10: CONTINUED FROM SEPTEMBER 9, 2024 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 MUNICIPAL 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 (CLERK’S FILE NO. 303-1, 401-4, 401-9)
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley and Deputy City Attorney Wendy House were available to answer questions. 4 October 7, 2024 Item 01
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Council questions focused on unit calculations in the presentation; Accessory Dwelling Unit (ADU) regulations as they relate to the proposed ordinances; clarification on how ADUs may be counted towards the City’s Regional Housing Needs Assessment (RHNA) allocation; applicability of the ADU floor-arearatio bonus incentive in relation to the proposed regulations; waiver request process included in the proposed regulations; number of R-2 properties that are condos; whether the state law mandates rounding up with regard to determining required affordable units; whether neighboring cities have inclusionary housing regulations and allow for in-lieu fee; and whether a resident in the R-2 zone could sell a duplex under the proposed regulations.

There were no public speakers for the item.

Council discussion focused on concerns regarding not allowing in-lieu fees for two-unit conversions; public notification process and confirmation that the City met its legal noticing requirement for the item; desire to continue the item to a future meeting; clarification on the recommendation of the Ad-Hoc Housing Citizen Advisory Taskforce; frequency of condo conversion applications in the R-2 Zone; and desire for the Council to consider adding revisions to the City’s amnesty program for non-conforming ADUs to the City’s work plan at a future Council goals and priorities setting workshop.

IT WAS MOVED BY COUNCILMEMBER MARTINEZ AND SECONDED BY DEPUTY MAYOR GAASTERLAND TO CONTINUE THE PUBLIC HEARING TO THE OCTOBER 7, 2024, CITY COUNCIL MEETING. (VOTE 4-1, WITH COUNCILMEMBER WORDEN OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Quirk; Noes:

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

IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY MAYOR DRUKER FOR THE CITY COUNCIL TO RECIND THE PRIOR MOTION. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER

MARTINEZ TO INTRODUCE BOTH ORDINANCES WITH THE RECOMMENDED ALTERNATIVE

LANGUAGE PROVIDED BY STAFF, AND THE ADMINISTRATIVE DATE CORRECTION NOTED BY STAFF. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 11: ADOPTION OF AN ORDINANCE 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)
Deputy Mayor Terry Gaasterland was recused from the item due to living within the subject zoning affected area. An introduction to the item was provided by Mayor Druker and Planning and Community Development Director Brindley. A presentation was provided by Principal Planner Matt Bator and City consultant Matt Gelbman, Senior Urban Planner with Ascent. 5 October 7, 2024 Item 01
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Council questions and discussion focused on revisions to the maximum height limit and appreciation to staff and the consultant for their work on this item.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT ORDINANCE 1011, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADDING NEW CHAPTER 23.06 TO THE CITY OF DEL MAR MUNICIPAL

CODE, ESTABLISHING MULTI-UNIT AND MIXED-USE OBJECTIVE DESIGN STANDARDS FOR LAWFULLY REQUIRED “BY-RIGHT” HOUSING DEVELOPMENT.” (VOTE 4-0-1, WITH DEPUTY

MAYOR GAASTERLAND RECUSED)
Ayes: Mayor Druker, Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Deputy Mayor Gaasterland; Absent: 0; Abstain: 0.

ITEM 12: MEASURE Q OVERVIEW & ACCOMPLISHMENTS TO DATE (CLERK’S FILE NO. 401- 5)
City Council accepted the agenda report, on consent.

CITY COUNCIL RECESS
City Council took a recess from 6:32 p.m. to 7:00 p.m.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
None.

ADJOURNMENT
Mayor Druker adjourned the meeting at 7:56 p.m.

Sarah Krietor, Administrative Services
Manager/City Clerk
6 October 7, 2024 Item 01
1 October 7, 2024 Item 02
09/19/2024
Check List
City of Del Mar
1 2:58:39PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6228 9/20/2024 ace02 ACE UNIFORMS LLC VS0119975 8/30/2024 UNIFORMS FIRE 173.19 Voucher: 6228 SD0191822 7/12/2024 UNIFORMS CS 75.73 248.92 6229 9/20/2024 kay01 ADAM KAYE AUG-24 8/1/2024 COMM SRVC AUG 4,200.00 4,200.00 Voucher: 6229
6230 9/20/2024 cal81 CALLTOWER INC 202092314 8/25/2024 TELEPHONE SEP 3,151.01 3,151.01 Voucher: 6230
6231 9/20/2024 cdw01 CDW GOVERNMENT AA4RK1H 9/4/2024 SFTWRE MAINT/FILE BACKUP 1,113.93 1,113.93 Voucher: 6231
6232 9/20/2024 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123701 8/14/2024 FIBER CONNECTION PW AUG 834.83 Voucher: 6232 189125801 8/14/2024 VIDEO TRANSPORT/PEG JUL/AUG 507.15 189125301 8/14/2024 METRO ETHERNET CS AUG 411.61
189125701 8/14/2024 METRO ETHERNET FIRE AUG 334.43
189125501 8/14/2024 PUBLIC WIFI CH JUL/AUG 215.96
189125201 8/14/2024 INTERNET TV STUDIO JUL/AUG 179.95
189125401 8/14/2024 INTERNET TV STUDIO AUG 135.98
189123001 8/14/2024 INTERNET CS AUG 103.32 2,723.23
6233 9/20/2024 civ02 CIVIC SOLUTIONS INC 104430 9/3/2024 CONSULTING SRVCS AUG 11,340.00 11,340.00 Voucher: 6233
6234 9/20/2024 cor22 CORVEL CORPORATION 1668860 8/20/2024 MED MAINT - AUG 250.00 Voucher: 6234 1670798 8/29/2024 WC SERVICES - AUG 185.00 1670798 8/29/2024 WC SERVICES - AUG 185.00
1669069 8/20/2024 FNOL FEES - JUL 111.00 731.00
6235 9/20/2024 dai03 DAILY DIRECT MAIL 14614-4 3/13/2024 HOUSING FLYERS 406.00 Voucher: 6235 14614-12 8/23/2024 UTILITY BILLS 240.00 646.00 6236 9/20/2024 dev02 DEVANEY PATE MORRIS & CAMERON 9630 9/10/2024 CITY ATTORNEY AUG 29,858.40 Voucher: 6236 9704 9/16/2024 LEGAL FEES AUG 12,235.50
9701 9/16/2024 LEGAL FEES AUG 4,900.00
9632 9/10/2024 LEGAL FEES AUG 3,172.00
9703 9/16/2024 LEGAL FEES AUG 2,744.00
9699 9/16/2024 LEGAL FEES AUG 494.00
9700 9/16/2024 LEGAL FEES AUG 182.00
9702 9/16/2024 LEGAL FEES AUG 98.00 53,683.90
6237 9/20/2024 dix01 DIXIELINE LUMBER CO 06-0569495 9/17/2024 OPERATING SUPPLIES FIRE 17.28 17.28 Voucher: 6237
Page: 1
2 October 7, 2024 Item 02
09/19/2024
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City of Del Mar
2 2:58:39PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6238 9/20/2024 hel04 HELIX ENVIRONMENTAL PLANNING 124459 8/22/2024 UNDERGROUNDING REP - AUG 11,298.49 11,298.49 Voucher: 6238
6239 9/20/2024 ips02 IPS GROUP INC INV101482 9/10/2024 LPR EQUIP/ANNUAL FEE 30,655.00 30,655.00 Voucher: 6239
6240 9/20/2024 ful01 KURT MORGAN 42799 9/11/2024 UTILITY BILLS 1,223.34 Voucher: 6240 42798 9/11/2024 UTILITY ENVELOPES 781.71
42817 9/16/2024 BUSINESS CARDS 148.00 2,153.05
6241 9/20/2024 mic11 MICHAEL BAKER INTERNATIONAL 1220986 8/9/2024 ENG SRVCS - JUL 35,815.27 35,815.27 Voucher: 6241
6242 9/20/2024 mik03 MIKHAIL OGAWA ENGINEERING11637 9/4/2024 CLEAN WATER SRVCS AUG 18,924.67 Voucher: 6242 11639 9/5/2024 SAN DIEGUITO TMDL AUG 2,333.24 21,257.91 6243 9/20/2024 nat21 NATIONWIDE MEDICAL/SURGICAL IN38127 9/3/2024 AMBULANCE SUPP FIRE 428.42 Voucher: 6243 IN38428 9/11/2024 AMBULANCE SUPP FIRE 154.80 583.22 6244 9/20/2024 red04 REDFLEX TRAFFIC SYSTEMS INC INV0083706 8/31/2024 RED LIGHT CAMERA AUG 5,284.44 5,284.44 Voucher: 6244
6245 9/20/2024 san12 SAN DIEGO COUNTY SHERIFF08302024 8/30/2024 LAW ENF JUL 238,996.21 238,996.21 Voucher: 6245
6246 9/20/2024 san03 SAN DIEGO COUNTY WATER AUTH. 0724-2 9/16/2024 RAW WATER BAL 30.00 30.00 Voucher: 6246
6247 9/20/2024 sol06 SOLANA CENTER FOR ENV 40-45-8-24 9/13/2024 SB1383 SRVCS AUG 1,627.50 1,627.50 Voucher: 6247
6248 9/20/2024 tow05 TOWNSEND PUBLIC AFFAIRS INC 22165 9/1/2024 LEGISLATIVE SRVCS SEP 4,000.00 4,000.00 Voucher: 6248
6249 9/20/2024 wex01 WEX BANK 0496-00-495760-1 9/6/2024 GAS & OIL FIRE-AUG/SEP 1,365.12 1,365.12 Voucher: 6249
Sub total for EFT GENERAL ACCOUNT US BANK: 430,921.48
Page: 2
3 October 7, 2024 Item 02
09/19/2024
Check List
City of Del Mar
3 2:58:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138727 9/20/2024 can08 CANTEEN SAN94074 9/16/2024 COFFEE SUPPLIES CH 195.24 Voucher: 138727 SAN93399 9/5/2024 COFFEE SUPPLIES CH 134.12 SAN92556 8/27/2024 COFFEE SUPPLIES CH 98.22
SAN94028 9/10/2024 COFFEE SUPPLIES CH (RFND) -67.06 360.52 138728 9/20/2024 cli04 CLIFTONLARSONALLEN LLP L241602678 9/10/2024 INTERIM AUDIT FY24 11,330.00 11,330.00 Voucher: 138728
138729 9/20/2024 coa21 COAST NEWS GROUP 00154069 8/30/2024 AD - PUBLIC HEARING 180.00 Voucher: 138729 00154068 8/30/2024 AD - PUBLIC HEARING 255.00 00154070 8/30/2024 AD - PUBLIC HEARING 165.00 600.00
138730 9/20/2024 day03 DAY WIRELESS SYSTEMS INV839283 8/27/2024 MIC EQUIPMENT 378.00 378.00 Voucher: 138730
138731 9/20/2024 fis12 FISHER INTEGRATED INC 2138 9/6/2024 VIDEO STREAMING JUL 1,100.00 Voucher: 138731 2139 9/9/2024 VIDEO STRAMING AUG 800.00 1,900.00 138732 9/20/2024 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV101388 9/3/2024 EAP SERVICES 1,170.00 1,170.00 Voucher: 138732
138733 9/20/2024 nov05 NOVINZIO DMAR-08292024 8/29/2024 DIG SIG SFTWRE RWL 792.00 792.00 Voucher: 138733
138734 9/20/2024 que01 QUEEN, JODI 09172024 9/17/2024 EVENT DEPOSIT REFUND 800.00 800.00 Voucher: 138734
138735 9/20/2024 oza01 RON AND CAROL OZAKI 09092024 9/9/2024 PERMIT REFUND 912.10 912.10 Voucher: 138735
138736 9/20/2024 san107 SAN DIEGO DIVERS 2807 8/28/2024 EQUIP/MAINT CS 91.23 91.23 Voucher: 138736
Page: 3
4 October 7, 2024 Item 02
09/19/2024
Check List
City of Del Mar
4 2:58:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138737 9/20/2024 sdg02 SAN DIEGO GAS & ELECTRIC0066 5491 5032 1 9/3/2024 UTILITIES AUG 11.26 Voucher: 138737 0081 7377 2988 5 9/5/2024 UTILITIES AUG 9,659.31 0066 5491 6833 1 9/5/2024 UTILITIES AUG 4,229.31
0067 3735 0888 1 9/9/2024 UTILITIES AUG 295.82
0092 4576 5583 8 9/12/2024 UTILITIES AUG 150.06
2100 0065 8024 7 9/5/2024 UTILITIES AUG 136.32
0012 6209 1548 9 8/30/2024 UTILITIES AUG 117.63
0096 3381 7034 7 9/5/2024 UTILITIES AUG 22.12
0065 9549 9411 6 9/5/2024 UTILITIES AUG 22.03
0085 7750 3585 7 9/6/2024 UTILITIES AUG 18.79
0055 0306 8492 2 9/5/2024 UTILITIES AUG 14.36
0097 5436 8967 5 9/5/2024 UTILITIES AUG 14.14
0053 7739 5442 0 9/5/2024 UTILITIES AUG 13.79 14,704.94 138738 9/20/2024 san75 SAN DIEGO MAIN 09032024 9/3/2024 BULK MAIL POSTAGE FY25 5,000.00 5,000.00 Voucher: 138738
138739 9/20/2024 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S313971 7/24/2024 COPIER MTC CH 2,559.67 Voucher: 138739 AR-S316727 9/13/2024 COPIER MTC FINANCE 421.88 2,981.55 138740 9/20/2024 ste28 STENO AGENCY, INC 1156780 8/27/2024 LEGAL SRVCS 625.40 Voucher: 138740 1160365 8/29/2024 LEGAL SRVCS 617.30 1,242.70 Sub total for GENERAL ACCOUNT US BANK: 42,263.04
Page: 4
5 October 7, 2024 Item 02
09/19/2024
Check List
City of Del Mar
5 2:58:39PM
apChkLst Final Page:
36 checks in this report. Grand Total All Checks: 473,184.52 Page: 5
6 October 7, 2024 Item 02
7 October 7, 2024 Item 02
8 October 7, 2024 Item 02
9 October 7, 2024 Item 02
10 October 7, 2024 Item 02
11 October 7, 2024 Item 02
12 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
1 9:52:10AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6258 9/27/2024 als02 ALS GROUP USA CORP 522404715 9/6/2024 WATER SAMPLING SEP 676.00 Voucher: 6258 522404459 8/29/2024 WATER SAMPLING AUG 496.00 1,172.00 6259 9/27/2024 bak09 BAKER ELECTRIC 4689 9/12/2024 LIGHTING REPAIR/MAINT 3,100.00 Voucher: 6259 4650 9/6/2024 SOLAR MAINT CH 1,344.00 4,444.00 6260 9/27/2024 cor11 CORODATA MEDIA STORAGE INC DS1309667 8/31/2024 STORAGE SRVCS AUG 233.33 233.33 Voucher: 6260
6261 9/27/2024 cor07 CORODATA RECORDS MGT INCRS7020416 8/31/2024 STORAGE SRVCS AUG 155.36 155.36 Voucher: 6261
6262 9/27/2024 cor15 CORONADO MOBILE STORAGE INC SEP-24 9/1/2024 STORAGE CONTRS SEP 255.00 255.00 Voucher: 6262
6263 9/27/2024 cos06 COSCO FIRE PROTECTION INC1000685835 9/11/2024 QTRLY FIRE SPRINKLER INSP 670.00 Voucher: 6263 1000683398 8/27/2024 FIRE SYSTEM MAINT CH AUG 637.00 1,307.00 6264 9/27/2024 dev02 DEVANEY PATE MORRIS & CAMERON 9631 9/10/2024 LEGAL FEES AUG 16,274.80 16,274.80 Voucher: 6264
6265 9/27/2024 dix01 DIXIELINE LUMBER CO 06-0566485 8/23/2024 OPERATING SUPPLIES PW 166.63 Voucher: 6265 11-0470070 9/12/2024 OPERATING SUPPLIES CS 87.61 06-0568389 9/9/2024 OPERATING SUPPLIES PW 59.42
06-0568125 9/6/2024 OPERATING SUPPLIES PW 29.68
06-0568496 9/10/2024 OPERATING SUPPLIES PW 19.38
06-0568984 9/12/2024 OPERATING SUPPLIES PW 17.60 380.32 6266 9/27/2024 duk01 DUDEK & ASSOCIATES 202407204 9/10/2024 20TH ST LFGRD TWR PROJ 2,920.00 2,920.00 Voucher: 6266
6267 9/27/2024 joh30 JOHNSON CONTROLS FIRE, PROTECTION LP 24261743 8/1/2024 ALARM LIBRARY TEST/INSP 244.71 244.71 Voucher: 6267
6268 9/27/2024 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 22347 9/10/2024 PAINT SUPPLIES PW 815.63 Voucher: 6268 223669 9/16/2024 MAINT SUPPLIES PW 435.00 22370 9/16/2024 CUSTOM TRAFFIC SIGNS PW 54.38 1,305.01
6269 9/27/2024 mik03 MIKHAIL OGAWA ENGINEERING11564 8/5/2024 CLEAN WATER SRVCS JUL 16,148.00 Voucher: 6269 11565 8/6/2024 SAN DIEGUITO TMDL JUL 2,414.44 11640 9/5/2024 FOG SRVCS AUG 2,005.33
11566 8/6/2024 FOG SRVCS JUL 1,450.14 22,017.91
6270 9/27/2024 off03 OFFICE DEPOT 381387500001 8/15/2024 OFFICE SUPPLIES PW 280.66 280.66 Voucher: 6270
Page: 1
13 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
2 9:52:10AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6271 9/27/2024 pac28 PACIFIC MOBILE STRUCTURES INC INV-00400314 10/1/2024 MOBILE OFFICE PW OCT 226.20 226.20 Voucher: 6271
6272 9/27/2024 par51 PARKWOOD LANDSCAPE MAINT INC 107991 8/31/2024 LANDSCAPING SRVCS AUG 16,950.00 16,950.00 Voucher: 6272
6273 9/27/2024 pru01 PRUDENTIAL OVERALL SUPPLY132274273 9/13/2024 UNIFORMS PW - 9/13 105.05 Voucher: 6273 132273113 9/6/2024 UNIFORMS PW - 9/6 101.25 132273111 9/6/2024 MATS PW - 9/6 15.47
132273112 9/6/2024 SHOP TOWELS PW - 9/6 4.93 226.70
6274 9/27/2024 san03 SAN DIEGO COUNTY WATER AUTH. 0824-2 9/10/2024 RAW WATER AUG 226,444.80 226,444.80 Voucher: 6274
6275 9/27/2024 san56 SAN ELIJO JOINT POWERS, AUTHORITY 09122024 9/12/2024 OPERATIONS & MAINT 2Q 224,861.00 224,861.00 Voucher: 6275
6276 9/27/2024 sca12 SCA OF CA LLC 158624PS 8/31/2024 SWEEPING SRVCS AUG 2,868.10 2,868.10 Voucher: 6276
6277 9/27/2024 uti01 UTILITY SPECIALISTS INC 27364 8/31/2024 UP - 1A STRATFORD JUL 11,873.00 Voucher: 6277 27362 8/31/2024 UP - 1B STRATFORD JUL 7,245.00 27363 8/31/2024 UP - SOUTH HILL JUL 1,053.75
27361 8/31/2024 UP - X1A CREST CNYN JUL 294.50 20,466.25 6278 9/27/2024 wex01 WEX BANK 0496-00-496530-7 9/6/2024 GAS & OIL PW 4,328.78 4,328.78 Voucher: 6278
Sub total for EFT GENERAL ACCOUNT US BANK: 547,361.93
Page: 2
14 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
3 9:52:10AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138742 9/27/2024 adt02 ADT SECURITY SERVICES 1088692803 9/13/2024 ALARM 1700 COAST OCT/DEC 143.82 Voucher: 138742 10368694863 9/13/2024 ALARM PW OCT 123.09 266.91 138743 9/27/2024 bad01 BADGER METER INC 1681762 9/6/2024 MAINT/REPAIR SUPP PW 1,225.74 1,225.74 Voucher: 138743
138744 9/27/2024 bas04 BASSETT, ALLISON 09232024 9/23/2024 PHCC EVENT REFUND 800.00 800.00 Voucher: 138744
138745 9/27/2024 bou02 BOUND TREE MEDICAL LLC 85484633 9/11/2024 EMERGENCY SUPPLIES CS 97.93 97.93 Voucher: 138745
138746 9/27/2024 cin02 CINTAS 5227148366 8/27/2024 FIRST AID KIT SUPPLIES PW 327.76 327.76 Voucher: 138746
138747 9/27/2024 hds01 CORE & MAIN LP V632559 9/16/2024 WATER METER PARTS 1,013.02 1,013.02 Voucher: 138747
138748 9/27/2024 cou65 COUNTY OF SAN DIEGO DEH2005-HUPFP-205500 8/17/2024 UNIFIED PROG FAC PERMIT 603.00 603.00 Voucher: 138748
138749 9/27/2024 del06 DEL MAR AUTOMOTIVE SERVICE 48401 9/16/2024 VEHICLE MAINT PW #75 715.64 715.64 Voucher: 138749
138750 9/27/2024 dun02 DUNN-EDWARDS PAINTS 2082A15215 9/10/2024 PAINT SUPPLIES PW 66.48 66.48 Voucher: 138750
138751 9/27/2024 dyn02 DYNAMITE ELECTRIC BIKES INC, DBA PEDEGO SOLANA BEACH 09152024 9/15/2024 ELECTRONIC BIKE REPAIR CS 260.63 260.63 Voucher: 138751
138752 9/27/2024 ent02 ENTENMANN-ROVIN CO. 0183390-IN 9/16/2024 BADGE - FIRE 154.05 154.05 Voucher: 138752
138753 9/27/2024 hom01 HOME DEPOT CREDIT SRVCS6035 3225 0103 77608/28/2024 FACILITY MAINT SUPP PW 506.14 506.14 Voucher: 138753
138754 9/27/2024 joh32 JOHNSON CONTROLS SEC SOLUTIONS 40477618 8/29/2024 ALARM LIBRARY 1,343.49 1,343.49 Voucher: 138754
138755 9/27/2024 mar11 MARSHALLS INDUSTRIAL HARDWARE 781509/1 9/11/2024 TOOLS PW 145.28 145.28 Voucher: 138755
138756 9/27/2024 mun11 MUNICIPAL SEWER TOOLS INV-000578 9/3/2024 SEWER SUPPLIES PW 348.90 348.90 Voucher: 138756
138757 9/27/2024 san10 PACIFIC SAFETY CENTER 86020 8/31/2024 MBRSHP 11/1/24 - 11/1-25 185.00 185.00 Voucher: 138757
138758 9/27/2024 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2024142 9/16/2024 FIRE STATS PROG AUG 125.00 125.00 Voucher: 138758
Page: 3
15 October 7, 2024 Item 02
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City of Del Mar
4 9:52:10AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138759 9/27/2024 cen02 SAN DIEGO CENTRE FOR, ORGANIZATION EFFECTIVENES TCFOE4786 9/23/2024 TRAINING & EDUCATION 6,650.00 6,650.00 Voucher: 138759
138760 9/27/2024 san58 SAN DIEGO COUNTY RECORDERS 09232024 9/23/2024 STR REG ORD NOTICE OF EXEMP FILING 50.00 50.00 Voucher: 138760
138761 9/27/2024 sco12 SCOTT, MR VERNON 09172024 9/17/2024 PHCC EVENT REFUND 410.00 410.00 Voucher: 138761
138762 9/27/2024 sig12 SIGNA DIGITAL SOLUTIONS INC35191346 9/12/2024 COPIER PW SEP 138.74 138.74 Voucher: 138762
138763 9/27/2024 sma03 SMARTSIGHTS TECHNOLOGIES LLC, SMARTSIGHTS LLC 247839857 9/11/2024 WIN 911 SUBSCRIPTION 1,450.00 1,450.00 Voucher: 138763
138764 9/27/2024 son02 SONSRAY MACHINERY LLC SWO059332 9/18/2024 BACKHOE REPAIR/MAINT 961.42 961.42 Voucher: 138764
138765 9/27/2024 sou08 SOUTHWEST SIGNAL SERVICE83637 8/31/2024 TRAFFIC SIGNAL MAINT AUG 472.50 Voucher: 138765 83638 8/31/2024 TRAFFIC SIGNAL MAINT AUG 433.51 906.01 138766 9/27/2024 spa01 SPARKLETTS 18139543 090824 9/8/2024 WATER CH 104.92 104.92 Voucher: 138766
138767 9/27/2024 ter11 TERMINIX COMMERCIAL 451273766 9/6/2024 PEST CONTROL SRVCS CH 150.00 Voucher: 138767 451286549 9/6/2024 PEST CONTROL SRVCS PW 133.00 451272938 9/6/2024 PEST CONTROL SRVCS CS 121.00
451275507 9/6/2024 PEST CONTROL SRVCS LIBRARY 106.85
451272857 9/6/2024 PEST CONTROL SRVCS PHCC 103.00 613.85 138768 9/27/2024 t-mo01 T-MOBILE USA INC 980755647 8/22/2024 TELEPHONE AUG 11.90 11.90 Voucher: 138768
138769 9/27/2024 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-13917035 8/22/2024 PORTABLE RESTROOM SRVCS AUG 1,450.85 Voucher: 138769 114-13917037 8/22/2024 PORTABLE RESTROOM SRVCS AUG 565.25 114-13917036 8/22/2024 PORTABLE RESTROOM SRVCS AUG 265.25 2,281.35 138770 9/27/2024 vec01 VECTOR RESOURCES INC 101881 9/24/2024 ANNUAL SECURITY SYSTEM MAINTENANCE 2,898.00 2,898.00 Voucher: 138770
138771 9/27/2024 ver12 VERIZON 73035178 8/20/2024 TELEPHONE JUL 128.54 128.54 Voucher: 138771
138772 9/27/2024 vis07 VISTA PAINT CORPORATION 2024-624811-00 9/16/2024 PAINT SUPPLIES PW 121.38 121.38 Voucher: 138772
Page: 4
16 October 7, 2024 Item 02
09/26/2024
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City of Del Mar
5 9:52:10AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138773 9/27/2024 wax02 WAXIE'S ENTERPRISES, LLC. DBA 82713015 9/6/2024 JANITORIAL SUPPLIES PW 1,276.94 Voucher: 138773 82735402 9/17/2024 JANITORIAL SUPPLIES PW 840.05 82693278 8/28/2024 JANITORIAL SUPPLIES PW 745.56
82732201 9/16/2024 JANITORIAL SUPPLIES PW 734.06 3,596.61 138774 9/27/2024 act03 WILLIAMS SCOTSMAN INC 9021914975 9/15/2024 MOBILE OFFICE PW SEP/OCT 156.12 156.12 Voucher: 138774
Sub total for GENERAL ACCOUNT US BANK: 28,663.81
Page: 5
17 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
6 9:52:10AM
apChkLst Final Page:
54 checks in this report. Grand Total All Checks: 576,025.74 Page: 6
18 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
1 5:25:05PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6279 9/20/2024 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189112801 9/14/2024 VIDEO TRANSPORT/PEG APR/AUG/SEP 1,150.16 Voucher: 6279 189123101 8/14/2024 LIFEGUARDS FIBER AUG 474.68 1,624.84 Sub total for EFT GENERAL ACCOUNT US BANK: 1,624.84
Page: 1
19 October 7, 2024 Item 02
09/26/2024
Check List
City of Del Mar
2 5:25:05PM
apChkLst Final Page:
1 checks in this report. Grand Total All Checks: 1,624.84 Page: 2
20 October 7, 2024 Item 02
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: Amendments to As-Needed Environmental Consulting Services Agreements REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve the First Amendments to the Agreements with AECOM Technical Services, Inc. (AECOM) (Attachment A), Helix Environmental Planning, Inc. (Helix)(Attachment B), RECON Environmental, Inc. (RECON) (Attachment C), and SWCA Environmental Consultants (SWCA) (Attachment D) for As-Needed Environmental Consulting Services (Amendments) extending the terms for an additional two-year period ending September 30, 2026, and adjusting fees for inflation; and 2) Authorize the City Manager to execute the Amendments.

BACKGROUND:

On October 1, 2021, the City of Del Mar entered into three-year agreements with AECOM, Helix, RECON, and SWCA (Attachment E) to provide as-needed environmental consulting services related to public and private development projects, policy updates, and technical assistance. Since approval of those agreements, the four firms have assisted City staff with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) technical studies, peer reviews, and general technical assistance on a variety of environmental services related to private and public projects. Some examples of projects the consultants have worked on include the Del Mar River Path Phase 3 Extension project, LOSSAN Rail Realignment Notice of Preparation, and the Camino Del Mar Bridge Replacement project, to name a few.

DISCUSSION/ANALYSIS:

The initial three-year term of the current agreements expired on September 30, 2024. Section

2.1 of the agreements allows for a two-year extension to the term based on satisfactory performance and mutual agreement between the parties. Currently, Helix is working with the City on environmental tasks related to various Capital Improvement Projects (CIP) such as the Camino Del Mar Bridge Replacement project, Utility Undergrounding program, and Del Mar Riverpath Phase 3 Extension project, and SWCA is currently assisting staff with some private development projects. SWCA is also the firm that assisted the City with review of the Notice of Preparation for the LOSSAN Rail Realignment Project. The work performed by each of these firms to date met or exceeded the City’s expectations. 1 October 7, 2024 Item 04
City Council Agenda Report
First Amendments to Environmental Agreements – Environmental Consulting Services October 7, 2024

Page 2 of 2 ends

It is anticipated that the City will be requiring environmental consultants for various tasks within the next three to six months for projects that include a proposed private property seawall, preparing the environmental study for the proposed living levee project, preparation of a citywide programmatic Environmental Impact Report for City CIP projects, as well as additional private development projects.

Due to escalating labor costs resulting from inflation and a competitive labor market, AECOM, Helix, and RECON have requested Consumer Price Index (CPI) increases to their fee schedule (Exhibit A to Attachments A, B, and C) for the proposed two-year term extension.

AECOM and Helix submitted a CPI increase of 10% and 12% respectively, depending on the type of services being provided, and RECON submitted a CPI increase of 5% for services provided.

While the requested CPI increases would not apply to fees for all services provided, the typical services the City would request from the consultants are affected by the CPI increase.

The proposed fee schedules were also evaluated to ensure they were in line with current market rates for the services to be provided. As the agreements do not provide for a CPI adjustment, amendments to the agreements are needed to revise and formally approve the updated service rates and extend the terms of the agreements for an additional two-year period as described above.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. The anticipated costs for environmental consulting services are included in the approved FY24- 25 Operating and Capital Budget and will be included in future budget proposals for Council consideration.

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.

ATTACHMENTS:

Attachment A – First Amendment to Agreement with AECOM
Exhibit A to Attachment A – Updated Fee Schedule from AECOM Attachment B – First Amendment to Agreement with Helix
Exhibit A to Attachment B – Updated Fee Schedule from Helix Attachment C – First Amendment to Agreement with RECON
Exhibit A to Attachment C – Updated Fee Schedule from RECON (and RECON subconsultants)
Attachment D – First Amendment to Agreement with SWCA
Attachment E – Original Agreements with the Firms
2 October 7, 2024 Item 04

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND AECOM TECHNICAL SERVICES, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of October, 2024, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and AECOM Technical Services, Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on October 1, 2021, the City and Consultant entered into an Agreement establishing the terms and conditions for Consultant to provide environmental consulting services to the City for a three-year period terminating September 30, 2024; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period; and
WHEREAS, the Parties now desire to amend the compensation rates for environmental consulting services included in Exhibit B of the Agreement to provide for a 10% Consumer Price Index (CPI) increase depending on the type of service provided as indicated in Exhibit A to this First Amendment; and
WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement and to amend the fee schedule for services.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on October 1, 2021, and terminating September 30, 2026, (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. The fee schedule in Exhibit B to the agreement (“Fee Schedule”) is hereby removed and replaced by the new Exhibit A fee schedule included with this First Amendment.

Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

Attachment A 3 October 7, 2024 Item 04
City of Del Mar
First Amendment to AECOM Agreement – Environmental Services

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
AECOM TECHNICAL SERVICES, INC.

By:

Teri Fenner, Principal in Charge
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
Attachment A 4 October 7, 2024 Item 04
AECOM
401 West A Street
Suite 1200
San Diego, CA 92101
www.aecom.com
619.610.7600 tel
619.610.7601 fax
Exhibit B
Fee Schedule - Del Mar
Professional Environmental and Planning Services
Administrative $90
Archaeological Technician I $70
Archaeological Technician II $85
Archaeologist/Architectural Historian I $95
Archaeologist/Architectural Historian II $100
Archaeologist/Architectural Historian III $106
Archaeologist/Architectural Historian IV $150
Archaeologist/Architectural Historian V $185
Biologist I $100
Biologist II $115
Biologist III $135
Biologist IV $160
Biologist V $190
Designer I $90
Designer II $110
Designer III $125
Designer IV $160
Environmental Engineer/Scientist I $95
Environmental Engineer/Scientist II $117
Environmental Engineer/Scientist III $125
Environmental Engineer/Scientist IV $165
Environmental Engineer/Scientist V $200
Environmental Monitor I $95
Environmental Monitor II $110
Field Crew $60
Field Leader $75
Field Safety Technician $80
Field Director $90
Field Crew/Facilities Manager $130
GIS Specialist I $85
GIS Specialist II $95
GIS Specialist III $120
GIS Specialist IV $135
GIS Manager $165
Graphic Artist I $95
Graphic Artist II $115
Landscape Architecture I $95
Landscape Architecture II $110
Landscape Architecture III $130
Landscape Architecture IV $165
Principal Landscape Architecture V $190
2024-2026 City of Del Mar AECOM SD Schedule of Fees.doc Planner I $90
Planner II $115
Planner III $135
Planner IV $155
Planner V $180
Project/Task Manager I $110
Project/Task Manager II $130
Project/Task Manager III $145
Project/Task Manager IV $175
Project/Task Manager V $200
Principal I $220
Principal II/Director $255
Principal III/Senior Director $275
Programmer I $160
Programmer II $190
Project Controls I $95
Project Controls II $115
Project Controls III $130
Project Controls IV $145
Project Controls V $185
Technical Editor/Word Processor I $105
Technical Editor/Word Processor II $120
Other Direct Costs
AECOM Rental Vehicle Use $85.00 daily
(gas excluded)
AECOM Rental 4x4 Vehicle Use $100.00 daily
(gas excluded)
Other reimbursable expenses and subconsultants
will be billed at cost plus 10%. Invoices will be
submitted on 4-week intervals for work in progress
unless otherwise agreed. Invoices are due and
payable within 30 days after invoice date.

Fees are valid through September 30, 2026. Staff may
move among categories depending upon project role
and staff progression during the contract term. Rates
are further subject to adjustment based on negotiated
contract and task order terms.

Exhibit A to Attachment A 5 October 7, 2024 Item 04

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND HELIX ENVIRONMENTAL PLANNING, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of October, 2024, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Helix Environmental Planning, Inc. (“Consultant”) (collectively “Parties”).

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

Section 2. The fee schedule in Exhibit B to the agreement (“Fee Schedule”) is hereby removed and replaced by the new Exhibit A fee schedule included with this First Amendment.

Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

Attachment B 6 October 7, 2024 Item 04
City of Del Mar
First Amendment to Helix Agreement – Environmental Services

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
HELIX ENVIRONMENTAL PLANNING, INC.

By:

Andrea S. Bitterling, Planning Division
Manager
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
Attachment B 7 October 7, 2024 Item 04

EXHIBIT B

SCHEDULE OF FEES

CONSULTING SERVICES
Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time.

Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates.

Overtime also may be charged at one and one-half times our standard rates.

DIRECT COSTS
Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs.

Payment
Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt.

PROFESSIONAL RATES
Current hourly rates for consulting services:

Exhibit A to Attachment B
Principal
Principal Planner
Principal Regulatory Specialist
Principal Biologist
Principal Acoustician
Principal Landscape Architect
Principal Cultural Resources Specialist
Safety Manager
Senior Noise/Air Quality Specialist
Senior Project Manager I-III
Senior Environmental Specialist
Senior Env Planner
Senior Scientist
Senior Regulatory Specialist
Project Manager I-III
Assistant Project Manager
Regulatory Specialist
Environmental Compliance Specialist
Environmental Planner I-III
Biologist I-V
Noise/Air Quality Specialist
Senior Archaeologist
Senior Architectural Historian
Senior Archaeology Field Director
Archaeology Field Director
Asst. Archaeology Field Director
Architectural Historian
Staff Archaeologist
Project Landscape Architect
Landscape Planner I-III
Landscape Designer
Senior GIS Specialist
GIS Specialist I-III
Graphics
Technical Editor
Operations Manager
Word Processor I-III
Clerical
$280-308
$240-300
$235-280
$224-280
$215-225
$190-225
$200-225
$215-225
$190-241
$165-230
$162-213
$150-170
$157-202
$160-170
$135-185
$100-145
$110-160
$90-151
$105-135
$100-162
$135-155
$125-170
$165-175
$135-145
$125-135
$95-115
$120-155
$90-135
$130-160
$110-120
$105-110
$151-202
$90-146
$115-125
$110-125
$100-140
$90-100
$75-85
8 October 7, 2024 Item 04

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND RECON ENVIRONMENTAL, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of October, 2024, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and RECON Environmental, Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on October 1, 2021, the City and Consultant entered into an Agreement establishing the terms and conditions for Consultant to provide environmental consulting services to the City for a three-year period terminating September 30, 2024; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period; and
WHEREAS, the Parties now desire to amend the compensation rates for environmental consulting services included in Exhibit B of the Agreement to provide for a 5% Consumer Price Index (CPI) increase depending on the type of service provided as indicated in Exhibit A to this First Amendment; and
WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement and to amend the fee schedule for services.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

Section 2. The fee schedule in Exhibit B to the agreement (“Fee Schedule”) is hereby removed and replaced by the new Exhibit A fee schedule included with this First Amendment.

Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

Attachment C 9 October 7, 2024 Item 04
City of Del Mar
First Amendment to RECON Agreement – Environmental Services

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
RECON ENVIRONMENTAL, INC.

By:

Michael Page, Senior Vice President
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
Attachment C 10 October 7, 2024 Item 04
An Employee-Owned Company
3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 | 619.308.9333 | reconenvironmental.com SAN DIEGO | OAKLAND | TUCSON

RECON RATE SCHEDULE
LABOR CATEGORY.................................................................................................................................................. RATE ENVIRONMENTAL PRINCIPAL.................................................................................................................................... $240.00 ENVIRONMENTAL DIRECTOR.................................................................................................................................... $220.00 ENVIRONMENTAL PROGRAM MANAGER............................................................................................................. $215.00 SENIOR PROJECT MANAGER ..................................................................................................................................... $207.00 SENIOR .............................................................................................................................................................................. $195.00 ASSOCIATE PROJECT MANAGER.............................................................................................................................. $175.00 ASSOCIATE ...................................................................................................................................................................... $162.00 ANALYST III....................................................................................................................................................................... $147.00 ANALYST II........................................................................................................................................................................ $135.00 ANALYST I ......................................................................................................................................................................... $120.00 ASSISTANT........................................................................................................................................................................ $122.00 RESOURCE MONITOR................................................................................................................................................... $95.00 GIS SUPERVISOR............................................................................................................................................................. $146.00 GIS SPECIALIST................................................................................................................................................................ $120.00 GIS TECHNICIAN............................................................................................................................................................. $96.00 PRODUCTION SUPERVISOR ...................................................................................................................................... $125.00 PRODUCTION SPECIALIST III ..................................................................................................................................... $103.00 PRODUCTION SPECIALIST II ...................................................................................................................................... $88.00 EXPERT WITNESS............................................................................................................................................................ $340.00 SENIOR PROJECT ACCOUNTANT/CONTRACTS ................................................................................................. $165.00 ASSOCIATE PROJECT ACCOUNTANT/CONTRACTS .......................................................................................... $115.00 Unless otherwise agreed upon, RECON shall charge, at cost, for vehicles and mileage, out-of-town transportation and expenses, reproduction, delivery charges, and the use of GPS units and tablets, noise meters, and UAV/drone.

Exhibit A to Attachment C 11 October 7, 2024 Item 04
GHD – City of Del Mar Renewal Rates
Exhibit A to Attachment C 12 October 7, 2024 Item 04

H E R I T A G E

A R C H I T E C T U R E & P L A N N I N G
832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286

SCHEDULE OF FEES
Job Description Hourly Rates 5% Rate Increase
Principal $250.00/Hour $263.00/Hour
Project Manager/Architect $200.00/Hour $210.00/Hour
Project Historian/Architectural Historian $200.00/Hour $210.00/Hour Designer/Draftsperson $140.00/Hour $147.00/Hour
Research Assistant $100.00/Hour $105.00/Hour
General Terms
Hourly rates include provisions for normal overhead costs including benefits, office rental, utilities, insurance, clerical services, and equipment.

Reproduction, travel outside of San Diego County, and other non-labor direct costs are billed at cost plus 15%.

Automobile travel outside a 30 mile radius from Heritage’s office will be billed at the most current IRS Standard Mileage Rate (SMR).

Other Consultants Employed by the Client
Coordination of services from consultants employed by the Client usually generates additional coordination work for Heritage Architecture & Planning, not included in the fee. Heritage will provide a separate fee proposal to the Client if additional coordination is necessary.

Terms of Payment
All fees are fixed lump sum unless noted otherwise and will be billed monthly by percentage complete.

Payment for services is due upon presentation of the invoice. The schedule of fees is valid for 12 months. Payments for services rendered and for reimbursable expenses incurred shall be made monthly upon presentation of the Architect’s statement of services. No deductions shall be made from the Architect’s compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable.

Exhibit A to Attachment C 13 October 7, 2024 Item 04
Word Processor/Technical Editor/CAD (/hr.) 85 $           Utility Locating ‐ Half Day ‐ Single Person $       700 Engineering Assistant/Lab Technician (/hr.) 85 $           Utility Locating ‐ Half Day ‐ Two People $    1,400 Special Inspector (/hr.) 80 $           Utility Locating ‐ Full Day ‐ Single Person $    1,200 Utility Locating ‐ Full Day ‐ Two People $    2,400
Seismic Remi Study ‐ Half Day $    1,500
Seismic Remi Study ‐ Full Day $    2,500
Multichannel Analysis Of Surface Waves ‐ Half Day $    1,500 Staff Engineer/Geologist (/hr.) 126 $        Multichannel Analysis Of Surface Waves ‐ Full Day $    2,500 Senior Staff Engineer/Geologist (/hr.) 132 $        Electrical Resistivity Tomography ‐ Half Day $    1,500 Project Engineer/Geologist (/hr.) 142 $        Electrical Resistivity Tomography ‐ Full Day $    2,500 Senior Project Engineer/Geologist (/hr.) 152 $        Refraction Study ‐ Half Day $    1,500 Senior Engineer/Geologist (/hr.) 172 $        Refraction Study ‐ Full Day $    2,500 Associate Engineer/Geologist (/hr.) 190 $        Underground Storage Tank  Evaluation ‐ Half Day $    1,500 Principal Engineer/Geologist/Litigation Support 210 $        Underground Storage Tank Evaluation ‐ Full Day $    2,500 Deposition or Court Appearance (/hr.) 420 $        Utility Locating ‐ Half Day ‐ Single Person* $    1,000 Attorney Fees (General) (/hr.) 368 $        Utility Locating ‐ Full Day ‐ Two People* $    2,000 Utility Locating ‐ Full Day ‐ Single Person* $    1,700 Sunday and Holiday Rate = 2 X Regular Hourly Rate Utility Locating ‐ Full Day ‐ Two People* $    3,500 Minimum Professional Fee (Per Project) 500 $        Seismic Remi Study ‐ Half Day* $    2,000 Minimum Field Services Fee (per day or call‐out) 4 hrs. Seismic Remi Study ‐ Full Day* $    3,500 Short‐Notice Cancellation 4 hrs. Multichannel Analysis Of Surface Waves ‐ Half Day* $    2,000 Multichannel Analysis Of Surface Waves ‐ Full Day* $    3,500 Electrical Resistivity Tomography Study ‐ Half Day* $    2,000 Electrical Resistivity Tomography Study ‐ Full Day* $    3,500 Personnel = Regular Hourly Rate Refraction Study ‐ Half Day* $    2,000 Subsistence (Per Diem/Day) 158 $        Refraction Study ‐ Full Day* $    3,500 Underground Storage Tank Evaluation ‐ Half Day* $    2,000 Underground Storage Tank Evaluation ‐ Full Day* $    3,500 Nuclear Gauge = Included in Technician Rate ‐ $         Mobilization Fee (Per 2 Hours) $       200 Coring Machine (concrete, asphalt, masonry) (/Day) 184 $        *Prevailing Wage Rates Generator/Air Compressor (/Day) 105 $        Seismic Processing Fee and Report $    1,000 Asphalt Cold Patch, 60‐lb. sack 18 $
Concrete, 60‐lb. sack 18 $
GPS Unit 168 $        Soil and Aggregate Properties
Pick‐Up Truck $       135 #200 Wash (D1140/C117) 65 $
Equipment Truck $       216 Wet Sieve Analysis to #200 (D422) 108 $ Equipment Trailer $       105 Hydrometer Analysis (D422) 163 $ pH/Conductivity/Temperature Meter (/Day) $          65 Sieve Analysis with Hydrometer (D422) 194 $ Drive‐Tube Sampler or Hand Auger $          45 Specific Gravity, Soil (D854) 76 $ Soil Sample Tube (Brass or Stainless) $          12 Specific Gravity Coarse Aggregate (C127) 55 $ Water Level Indicator $          45 Specific Gravity Fine Aggregate (C128) 74 $ Water Sampling Pump $          85 Moisture Determination, tube sample (D2216) 22 $ Photo‐Ionization Meter $       135 Moisture Determination and Unit Weight (D2937) 43 $ Level D PPE/Decon Rinse Equipment $          60 Atterberg Limits: Plasticity Index (D4318) 163 $ Crack Monitor $          35 Sand Equivalent (D2419) 105 $ Moisture Dome Test Equipment $          50 pH and Resistivity (CAL643) 131 $ 55‐Gallon Drum $          75 Sulfate Content (CAL417) 95 $ Outside Services/Equipment/Materials + 15% Chloride Content (CAL422) 63 $ Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) and Non‐Destructive Testing (/hr.)
$          90
2024 Schedule of Fees ‐ Geotechnical & Environmental
Professional Services
Travel
Equipment and Materials
Laboratory Tests
Overtime and Saturday Rate = 1.5 X Regular Hourly Rate
*Prevailing Wage Hourly Surcharge per California Labor Code §1720, et seq. (/hr.)
$          45
Utility Location/Geophysical Services
Senior Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) (/hr.)
$          95
Exhibit A to Attachment C 14 October 7, 2024 Item 04
Shear Strength Asphalt Concrete
Unconfined Compression (D2166) 131 $        Density, Hveem (D2726/CAL308) 98 $ Direct Shear, Quick (D3080) 236 $        Stabilometer (D1560/CAL304) 108 $ Unconsolidated‐Undrained Triaxial Shear/pt. (D2850) $        Theoretical Max. Specific Gravity (D2041) 81 137 $ Unconsolidated‐Undrained Triaxial Staged (D2850) 189 $        Sieve Analysis Extracted Aggregate (C136) 92 $ Consolidated‐Undrained Triaxial Shear/pt. (D4767) 297 $        % Asphalt, Ignition Method (CAL382) 108 $ Consolidated‐Undrained Triaxial Staged (D4767) 378 $        % Asphalt, Nuclear Gauge (CAL379) 113 $ Consolidated‐Drained Triaxial Shear/pt. (EM1110) 400 $        Unit Weight, Core (D 1188) 65 $ Consolidated‐Drained Triaxial Staged (EM1110) 515 $
Concrete
Permeability, Consolidation, and Expansion Compressive Strength, Cylinders (C39) 29 $ Permeability, Flexible Wall (D5084) 287 $        Compressive Strength, Cylinders 6x12 (C39) 32 $ Permeability, Rigid Wall (D5856) 276 $        Compressive Strength, Concrete Cores (C42) 47 $ Consolidation, per point (D2435) 55 $           Compressive Strength, Shotcrete Cores (C42) 63 $ Expansion Index (D4829/UBC 29‐2) 152 $        Unit Weight, Hardened Concrete (ASTM C642) 58 $ Unit Weight, Lightweight Concrete (ASTM C567) 78 $
Compaction Curves Flexural Strength Beam (C78/C293) 86 $ 4‐inch mold (D1557) 221 $        Splitting Tensile Test (C496) 75 $ 6‐inch mold (D1557) 221 $        Mix Design Review 215 $ California Impact (CAL216) 215 $        Trial Batch Preparation/Organization (/Hr.) $       105 Check Point 92 $           Compressive Strength, 2x2 Cube (Soil Nail Grout) 27 $ Compressive Strength, 2x2 Cube (Non‐Shrink Grout) 27 $
Soil and Aggregate Stability Tensile Strength Fabrication (ASTM C192) 1,000 $ Resistance Value, R‐Value (D2844/CAL301) 305 $        Tensile Strength (ASTM C1583) 650 $ R‐Value, Treated (CAL301) 320 $        Shrinkage (ASTM C159) 390 $ California Bearing Ratio (D1883) 567 $        MOE (ASTM C469) 300 $ Stabilization Ability of Lime (C977) 194 $        Chloride Ion Content (ASTM C1543/C1202) 275 $ Aggregate Quality Steel Testing
Dry Sieve Analysis to #200 (C13) 108 $        Tensile Strength & Elongation (A370) L.A. Rattler Test (500 rev.) (C131) 200 $        #11 Bar & Smaller 125 $ Sulfate Soundness (per sieve size) (C88) 108 $        #14 Bar 150 $ Durability (fine or coarse) (D3744) 179 $        #18 Bar (Proof Test) 175 $ Unit Weight (C142) 75 $           Bend Test (A370)
Organic Impurities ‐ Sand (C40) 60 $           #11 Bar & Smaller 75 $ Friable Particles (C142) 86 $           #14 & #18 Bar 100 $ Fine Aggregate Angularity (AASHTO T304) $        Tensile ‐ Mechanically Spliced Bar (A370) 300 #11 Bar & Smaller 200 $
Masonry #14 Bar & Larger 250 $
CMU Compressive Strength (C140) 158 $        Tensile – Electric Resist. Butt Splice (A370) 200 $ Compressive Strength, Grout (C1019/UBC 21‐19) 27 $           Straightening of Bar (A370) 75 $ Compressive Strength, Mortar (C109/UBC 21‐15,16) 27 $           Tensile Strength & Elongation (A370) CMU Unit Wt., Dimen., Absorption (C140) 65 $           Up to 200,000 lbs 150 $ Compressive Strength, Masonry Prism (C1314) 124 $        200,000 – 300,000 lbs 175 $ Masonry Core Compression (C42) 68 $           300,000 – 400,000 lbs 200 $ Masonry Core Shear (CBC 2105A.4) 127 $
Spray Applied Fireproofing
Fireproofing Oven Dry Density/Thick (E605/E736) 90 $
Laboratory Tests Laboratory Tests
Exhibit A to Attachment C 15 October 7, 2024 Item 04
High Strength Bolt, Nut & Washer Testing Total Petroleum Hydrocarbons (EPA 8015M) 105 $ Tensile Tests on Bolts (A325/A490) 125 $        Volatile Organic Compounds (EPA 8260B) 165 $ Proof Load Test on Nuts (A563) 125 $        Semi‐Volatile Organic Compounds (EPA 8270) 300 $ Hardness Test on Bolts (A325/A490) 75 $           CAM 17 Metals (EPA 6010B) 180 $ Hardness Test on Nuts (A536) 75 $           Single Metal (EPA 6010B) 40 $ Hardness Test on Washers (F436) 75 $           Organochlorine Pesticides (EPA 8081) 140 $ Polychlorinated Biphenyls (EPA 8082) 120 $
Polynuclear Aromatic Hydrocarbons (EPA 8270) 180 $
Soil pH (EPA 9045C) 40 $
Asbestos‐PLM 30 $
STLC or TCLP Extraction 100 $
Sample Compositing 35 $
48‐hour Turn‐Around Time (Surcharge) 75%
24‐hour Turn‐Around Time (Surcharge) 100%

7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one‐half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two‐hour charge.

5. Invoices will be submitted at four‐week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one‐half percent (1‐1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.

6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.

Laboratory Tests
Terms and Conditions
Common Analytical Tests
Exhibit A to Attachment C 16 October 7, 2024 Item 04

S PURLOCK
2122 Hancock Street
San Diego, California 92110
619.681.0090
spurlock-land.com

STANDARD HOURLY RATES
Spurlock Landscape Architects will provide professional services at the following hourly rates:

Principal 210.00 / hour
Project Manager 157.50 / hour
Job Captain 131.25 / hour
Landscape Designer 105.00 / hour
Administrator 84.00 / hour
Intern 68.25 / hour
current rates depict a 5% increase specific to City of Del Mar and Recon Environmental, Inc. for As-Needed Environmental Consulting Services Contract originated in October 2021 and extended for an additional 2-year period beginning October 2024.

Exhibit A to Attachment C 17 October 7, 2024 Item 04

STC TRAFFIC - FEE SCHEDULE
Project Classification Hourly Rate
Principal-In-Charge $242
Senior Principal Manager $231
Principal Manager $210
Senior Project Manager $200
Senior Project Technical Specialist $189
Project Manager $179
Construction Manager $179
Senior Project Engineer $168
Project Technical Specialist $168
Construction Engineer/Inspector $158
Project Engineer $158
Project Planner $147
Associate Engineer $137
Associate Planner $126
Assistant Engineer $116
Assistant Planner $105
Intern $84
STC Traffic is a local business and there are no direct costs for mileage.

Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant’s cost without mark‐ up.

Exhibit A to Attachment C 18 October 7, 2024 Item 04

FIRST AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF DEL MAR AND SWCA, INCORPORATED

DBA SWCA ENVIRONMENTAL CONSULTANTS

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of October, 2024, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and SWCA, Incorporated, dba DWCA Environmental Consultants. (“Consultant”) (collectively “Parties”).

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.
[Signatures on the Following Page]
Attachment D 19 October 7, 2024 Item 04
City of Del Mar
First Amendment to SWCA Agreement – Environmental Services

Page 2 of 2 ends

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager

SWCA INCORPORATED, DBA SWCA

ENVIRONMENTAL CONSULTANTS
By:

Robert MacAller, San Diego Office
Director
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
Attachment D 20 October 7, 2024 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND AECOM TECHNICAL SERVICES, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of October, 2021 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and AECOM Technical Services, Inc. (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

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

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three years beginning on October 1, 2021 and ending on September 30, 2024. Upon written agreement of both Parties, this Agreement may be extended for an additional two-year period.

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

Attachment E 21 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 2 of 14 ends

2.2 Delay. Any delay occasioned by causes beyond the control of Consultant, including acts of God, fire, flood, extra-ordinary weather conditions, natural catastrophes, unanticipated or differing site conditions, explosion, war, civil unrest, terrorism, sabotage, pandemics, epidemics, strikes, lockouts, industrial disturbances, changes in law or regulations, acts of governmental authorities, and court orders may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default. Consultant shall be entitled to terminate this Agreement if the City commits a material breach, including failure to make payment in accordance with this Agreement, and does not cure such default within fourteen (14) days of receipt of written notice from Consultant. If the Agreement is terminated, the City shall be entitled to the Consultant’s work that has been completed and paid for by the City up to the point of termination.

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

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

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

4. COMPENSATION.

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

City shall pay all invoices in arrears within thirty (30) days of receipt of the invoice and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be Attachment E 22 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 3 of 14 ends

required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

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

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

7. AUDIT OF RECORDS.

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

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

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

Attachment E 23 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 4 of 14 ends

9. CONFLICTS OF INTEREST.

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

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

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

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

11. INSURANCE

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

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

Attachment E 24 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

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

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

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

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

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

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

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

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

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

Attachment E 25 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 6 of 14 ends

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

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

12. DEFENSE AND INDEMNIFICATION.

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

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

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

13. SUBCONTRACTORS.

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

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

Attachment E 26 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 7 of 14 ends

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

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

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

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

If to City: If to Consultant
City of Del Mar AECOM Technical Services, Inc.

City Clerk ATTN: Teri Fenner
1050 Camino del Mar 401 West A Street
Del Mar, CA 92014 San Diego, CA 92101
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or Attachment E 27 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

Page 8 of 14 ends

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

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

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

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

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

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

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

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

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

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

Attachment E 28 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

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

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

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

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment E 29 October 7, 2024 Item 04
Attachment E 30 October 7, 2024 Item 04
Consulting Services Agreement
For On-Call Environmental Services

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant agrees to perform consulting services as required by the City. Consultant shall provide the necessary qualified personnel to perform the services. In performance of the services Consultant shall provide environmental planning services as detailed below.

In accordance with CEQA, the City follows CEQA Guidelines (California Code of Regulations — Title 14, Chapter 3) as its procedures for the review of development projects and other activities to ensure that the environment is protected and enhanced.

The City also follows its locally adopted Supplemental Regulations (www.delmar.ca.us/DocumentCenter/View/247/California-Enviornmental-Quality-Actguidelines?bidId=) which includes recently-adopted guidelines for Transportation Impact Analysis / Vehicle Miles Traveled (VMT)
(www.delmar.ca.us/DocumentCenter/View/6851/Combined-Transportation-Guidelines).

The selected consultant(s) may be asked to provide a variety of professional services and prepare EIRs, ND/MNDs, Addenda, including sufficient documentation necessary to comply with CEQA and NEPA, and as-needed technical studies, peer reviews, and other environmental studies, documents, and technical assistance as needed.

As part of the proposal, firms are requested to: 1) indicate their ability to perform services on the following environmental topics; and 2) clarify if the services would be performed in-house or by subconsultant(s). All proposed subconsultants shall be described in the proposal. The City reserves the right to require the use of approved subconsultants and not permit the use of subconsultants that have not been approved.

Environmental Topics:

1. Aesthetics

2. Agriculture and Forestry Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology and Soils

8. Greenhouse Gas Emissions

9. Hazards and Hazardous Materials

10.Hydrology and Water Quality

11.Land Use and Planning

12.Mineral Resources

13.Noise

14.Population and Housing

15.Public Services

16.Recreation

17.Transportation

18.Tribal Cultural Resources
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19.Utilities and Service Systems

20.Wildfire
Additional Environmental Topics

21.Lighting

22.Cellular

23.Sea Level Rise

24.FEMA/Floodplain

25.Other related environmental topics as needed
Further, firms must be prepared to effectively address the following as part of their proposal. Include subconsultants if proposed.

A. Demonstrate expertise to provide for consulting services related to the abovereferenced environmental topics. Firms are encouraged to emphasize their experience as they further relate to both Project-level and Program-level environmental documents.

B. Demonstrate experience in providing consulting services related to a range of Current and Long-Range Planning projects such as: multiple-dwelling unit development; single-family development; commercial development; public infrastructure; subdivisions; environmental restoration; Specific Plans; Community (General) Plan amendments; Local Coastal Program amendments; rezones including those associated with Housing Element Programs; and implementation programs associated with a Housing Element and Local Coastal Program.

C. Emphasize the firm’s ability to manage complex and/or multiple projects and competing priorities while maintaining: 1) quality control within an environmental document; 2) meeting schedules; and 3) staying within budget.

D. Ability to assist City staff in managing the environmental processing for public and private development projects and City-initiated projects, including preparation of environmental documents, attendance at public meetings, regular interface with City staff and other City consultants, and attendance at regularly scheduled coordination meetings as necessary when work is in progress.

E. Provide for all necessary documentation and filings to the County, State and/or Federal agencies as appropriate.

F. Communicate and cooperate as a team with City staff and other City consultants as necessary.

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EXHIBIT “B”

FEE SCHEDULE
Attachment E 33 October 7, 2024 Item 04
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For On-Call Environmental Services

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Attachment E 34 October 7, 2024 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND HELIX ENVIRONMENTAL PLANNING, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of October, 2021 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and HELIX Environmental Planning, Inc. (“Consultant”) (collectively “Parties”).

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

1. CONSULTING SERVICES.

2. DURATION OF AGREEMENT.

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

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

4. COMPENSATION.

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

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

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benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

7. AUDIT OF RECORDS.

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant Attachment E 37 October 7, 2024 Item 04
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represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

11. INSURANCE

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

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no Attachment E 38 October 7, 2024 Item 04
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endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

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

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

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

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require Attachment E 39 October 7, 2024 Item 04
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For On-Call Environmental Services

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complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

13. SUBCONTRACTORS.

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

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If to City: If to Consultant
City of Del Mar Helix Environmental Planning Inc.

City Clerk ATTN: Andrea Bitterling
1050 Camino del Mar 7578 El Cajon Blvd.

Del Mar, CA 92014 La Mesa, CA 91942
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend Attachment E 41 October 7, 2024 Item 04
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the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

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

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

26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants Attachment E 42 October 7, 2024 Item 04
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or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment E 43 October 7, 2024 Item 04
Attachment E 44 October 7, 2024 Item 04
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EXHIBIT “A”

Environmental Topics:

1. Aesthetics

2. Agriculture and Forestry Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology and Soils

8. Greenhouse Gas Emissions

9. Hazards and Hazardous Materials

10.Hydrology and Water Quality

11.Land Use and Planning

12.Mineral Resources

13.Noise

14.Population and Housing

15.Public Services

16.Recreation

17.Transportation
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For On-Call Environmental Services

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18.Tribal Cultural Resources

19.Utilities and Service Systems

20.Wildfire
Additional Environmental Topics

21.Lighting

22.Cellular

23.Sea Level Rise

24.FEMA/Floodplain

25.Other related environmental topics as needed
Further, firms must be prepared to effectively address the following as part of their proposal. Include subconsultants if proposed.

E. Provide for all necessary documentation and filings to the County, State and/or Federal agencies as appropriate.

F. Communicate and cooperate as a team with City staff and other City consultants as necessary.

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EXHIBIT “B”

FEE SCHEDULE
Attachment E 47 October 7, 2024 Item 04
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For On-Call Environmental Services

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Attachment E 48 October 7, 2024 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND RECON ENVIRONMENTAL, INC.

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of October, 2021 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and RECON Environmental, Inc. (“Consultant”) (collectively “Parties”).

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

1. CONSULTING SERVICES.

2. DURATION OF AGREEMENT.

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

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4. COMPENSATION.

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performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

7. AUDIT OF RECORDS.

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Attachment E 51 October 7, 2024 Item 04
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Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

11. INSURANCE

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

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no Attachment E 52 October 7, 2024 Item 04
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For On-Call Environmental Services

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endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

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

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

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

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require Attachment E 53 October 7, 2024 Item 04
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For On-Call Environmental Services

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complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

13. SUBCONTRACTORS.

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

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If to City: If to Consultant
City of Del Mar RECON Environmental, Inc.

City Clerk ATTN: Michael Page
1050 Camino del Mar 3111 Camino del Rio N, Suite 600
Del Mar, CA 92014 San Diego, CA 92108
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend Attachment E 55 October 7, 2024 Item 04
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the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

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

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

26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants Attachment E 56 October 7, 2024 Item 04
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For On-Call Environmental Services

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment E 57 October 7, 2024 Item 04
Attachment E 58 October 7, 2024 Item 04
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EXHIBIT “A”

Environmental Topics:

1. Aesthetics

2. Agriculture and Forestry Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology and Soils

8. Greenhouse Gas Emissions

9. Hazards and Hazardous Materials

10.Hydrology and Water Quality

11.Land Use and Planning

12.Mineral Resources

13.Noise

14.Population and Housing

15.Public Services

16.Recreation

17.Transportation

18.Tribal Cultural Resources
Attachment E 59 October 7, 2024 Item 04
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19.Utilities and Service Systems

20.Wildfire
Additional Environmental Topics

21.Lighting

22.Cellular

23.Sea Level Rise

24.FEMA/Floodplain

25.Other related environmental topics as needed
Further, firms must be prepared to effectively address the following as part of their proposal. Include subconsultants if proposed.

E. Provide for all necessary documentation and filings to the County, State and/or Federal agencies as appropriate.

F. Communicate and cooperate as a team with City staff and other City consultants as necessary.

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EXHIBIT “B”

FEE SCHEDULE
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Attachment E 67 October 7, 2024 Item 04

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND SWCA, INCORPORATED

DBA SWCA ENVIRONMENTAL CONSULTANTS

FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1 st day
of October, 2021 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and SWCA, Incorporated, dba SWCA Environmental Consultants. (“Consultant”) (collectively “Parties”).

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

1. CONSULTING SERVICES.

2. DURATION OF AGREEMENT.

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

4. COMPENSATION.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise Attachment E 69 October 7, 2024 Item 04
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full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

7. AUDIT OF RECORDS.

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

9. CONFLICTS OF INTEREST.

Page 4 of 16 ends

Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

11. INSURANCE

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

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall Attachment E 71 October 7, 2024 Item 04
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For On-Call Environmental Services

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cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

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

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

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

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be Attachment E 72 October 7, 2024 Item 04
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received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

13. SUBCONTRACTORS.

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

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement Attachment E 73 October 7, 2024 Item 04
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should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

If to City: If to Consultant
City of Del Mar SWCA Environmental Consultants
City Clerk ATTN: Bobbette Biddulph
1050 Camino del Mar 1455 Frazee Road, Suite 500
Del Mar, CA 92014 San Diego, CA 92108
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of Attachment E 74 October 7, 2024 Item 04
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prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

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

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

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment E 76 October 7, 2024 Item 04
Attachment E 77 October 7, 2024 Item 04
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EXHIBIT “A”

Environmental Topics:

1. Aesthetics

2. Agriculture and Forestry Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology and Soils

8. Greenhouse Gas Emissions

9. Hazards and Hazardous Materials

10.Hydrology and Water Quality

11.Land Use and Planning

12.Mineral Resources

13.Noise

14.Population and Housing

15.Public Services

16.Recreation

17.Transportation

18.Tribal Cultural Resources
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Consulting Services Agreement
For On-Call Environmental Services

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19.Utilities and Service Systems

20.Wildfire
Additional Environmental Topics

21.Lighting

22.Cellular

23.Sea Level Rise

24.FEMA/Floodplain

25.Other related environmental topics as needed
Further, firms must be prepared to effectively address the following as part of their proposal. Include subconsultants if proposed.

E. Provide for all necessary documentation and filings to the County, State and/or Federal agencies as appropriate.

F. Communicate and cooperate as a team with City staff and other City consultants as necessary.

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Consulting Services Agreement
For On-Call Environmental Services

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EXHIBIT “B”

FEE SCHEDULE
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For On-Call Environmental Services

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Consulting Services Agreement
For On-Call Environmental Services

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Attachment E 83 October 7, 2024 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Wendy House, Assistant City Attorney
Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: Adoption of Ordinances to Repeal and Replace the Inclusionary Housing and Condominium Conversion Regulations in Del Mar Municipal Code Chapters 24.21 and 24.40 and Related Amendments to the Certified Local Coastal Program for the North Commercial and Professional Commercial Zoning Regulations
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council take the following actions:
1) Adopt the Inclusionary Housing and Condominium Conversion Regulations Ordinance to repeal and replace the Del Mar Municipal Code (DMMC) regulations in Chapters 24.21 (Inclusionary Housing) and 24.40 (Condo Conversions) to implement Housing Element Programs 4D and 4E (Attachment A), including the changes read into the record at the introduction hearing identified in strikeout underline format in Attachment B; and
2) Adopt the associated Ordinance to amend the DMMC Zoning Regulations Section

30.24.070(A) North Commercial (NC) Zone Development Standards and Section

30.25.070(A) Professional Commercial (PC) Zone Development Standards in the City’s certified Local Coastal Program (LCP) to make minor corrections for consistency with the citywide regulations (Attachment C).

DISCUSSION/ANALYSIS:

The requested actions will implement 6th Cycle Housing Element Programs 4D and 4E relating to the topics of inclusionary housing and condo conversions. The proposed Ordinances require mitigation for multi-unit development and subdivision map projects that will help the City meet its Regional Housing Needs Allocation (RHNA) of 113 lower income units by 2029.

During the 6th Cycle Housing Element update process, a comment letter was submitted to the California Department of Housing and Community Development (HCD) by a law firm (Allen Matkins) expressing concern that the City’s existing inclusionary housing requirements act as a barrier to affordable housing development. The Ordinances repeal 1 October 7, 2024 Item 05
City Council Agenda Report
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and replace the existing inclusionary housing and condo conversion regulations with regulations that will apply consistently citywide to satisfy the City’s 6th Cycle Housing Element commitments to remove barriers to the development of affordable housing and facilitate production of lower income units.

On September 23, 2024, the City Council took action to confirm the environmental determination and introduce the Inclusionary Housing Regulations and Condo Conversion Regulations Ordinance and introduce an associated Ordinance to make minor corrections to the NC Zone and PC Zone regulations in the certified LCP for consistency with the updated citywide Inclusionary Housing regulations.

As introduced, the Inclusionary Housing/Condo Conversions Ordinance includes modifications to the Ordinance findings and prospective DMMC Section

24.21.040(A)(2)(a) relating to required mitigation for two-unit condo conversion maps.

The City Council modified the “Required Mitigation and Calculation Methodology” Section

24.21.040(A)(2)(a) to expressly allow two-unit condo conversion projects to pay an in-lieu fee for project mitigation as an alternative to providing one low-income unit on-site.

Attachment B identifies the language introduced by the Council in strikeout-underline format.

Prior to City Council review, the Planning Commission recommended approval to the City Council at a noticed public hearing on July 9, 2024. The Planning Commission took action to unanimously confirm the staff determination that the project is exempt from CEQA and recommended approval to the City Council of the proposed code amendments with one recommended modification to the inclusionary housing requirement to require 15% inclusionary housing for projects with 20 or fewer units and maintain the existing 20% inclusionary requirement for projects with more than 20 units.

As discussed with the Planning Commission, the Ordinance was revised to account for project size and maximizes the number of affordable units. To ensure feasibility is maintained for housing sites in the Housing Element sites inventory (consistent with Housing Element Appendices E and I feasibility studies prepared in 2022 and 2023), the threshold for 15% inclusionary was slightly modified in the Ordinance to apply to projects with less than 30 units. The Inclusionary Housing/Condo Conversion Ordinance maintains the existing 20% inclusionary requirement for projects with 30 units or more and requires projects with 50 units or more to reserve 20% of the total inclusionary units as extremelylow income.

Additional background can be accessed in the following link to the City Council Agenda Report for Item 10 on September 23, 2024:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_09232024-3525 The Inclusionary Housing/Condo Conversion Ordinance (Attachment A) amends the City’s Title 24 Subdivision Regulations, which means it does not require action by the 2 October 7, 2024 Item 05
City Council Agenda Report
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California Coastal Commission (CCC) and will take effect 30 days from City Council adoption. The minor corrections in the associated Ordinance/LCPA (Attachment C) will be submitted to CCC for certification approval following City Council adoption at which time that Ordinance will take effect.

HOUSING IMPACT:

Adoption of the Ordinance will implement the City’s 6th Cycle Housing Element Program 4D and 4E commitments and bring the DMMC into compliance with State law by removing potential impediments to the production of lower income units. The Inclusionary Housing Regulations ensure lower income units will be incorporated on-site in future projects with more than two units and the condo conversion regulations require findings for approval to preserve existing older apartments that are not income-restricted and provide needed lower cost rental options.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the activity is covered by the common-sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. There would be no change to the existing development potential and no change to the existing map and permit processes currently in place. The proposed Ordinances have been analyzed and it has been determined that they would not result in significant effects on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the code amendment commitments in the City’s 6th Cycle Housing Element is a Tier 1 (Highest) City Council priority.

ATTACHMENTS:

Attachment A – Inclusionary Housing and Condo Conversion Regulations Ordinance Attachment B – Strikeout Underline - Modifications Introduced September 23, 2024 Attachment C – Minor Corrections Ordinance/LCPA for Citywide Consistency 3 October 7, 2024 Item 05

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE
DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 24.21

INCLUSIONARY HOUSING REQUIREMENTS AND
CHAPTER 24.40 CONDOMINIUM CONVERSION
REGULATIONS TO IMPLEMENT THE 6TH CYCLE
HOUSING ELEMENT PROGRAMS 4D AND 4E THROUGH
MUNICIPAL CODE AMENDMENTS (A24-001 AND A24-002)
WHEREAS, the City of Del Mar is a charter city and State housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “housing is a statewide concern”, that California faces a housing crisis, and local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City and has an overall goal to “preserve and enhance the special character of Del Mar”, which includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City’s certified Housing Element is one of many required components that is part of the Del Mar Community Plan consistent with State laws applicable to General Plans; and
WHEREAS, the certified Housing Element identifies programs and resources required for the preservation, improvement, and production of housing to meet the existing and projected needs of its population which requires the creation of additional affordable housing stock at a range of income levels; and WHEREAS, the certified Housing Element for the 6th Cycle (2021-2029) requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderate-income units, and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units, including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element and relies on the inclusionary housing regulations as a means to require dedication of lower income units that would not otherwise be produced through private development projects; and 4 October 7, 2024 Item 05
Ordinance No. XXXX

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WHEREAS, the City is required to implement Housing Element Programs 4D and 4E to update the City’s inclusionary housing regulations and condominium (condo) conversion regulations to remove impediments to production of lower income housing in the existing code regulations; and
WHEREAS, the existing inclusionary housing regulations (DMMC Chapter 24.21) are being repealed and replaced to facilitate the production of housing including lower income units and remove impediments to the development of small projects with less than 30 dwelling units; and
WHEREAS, the inclusionary regulations require condo conversions to provide at least one lower income unit on-site and require multi-unit projects creating less than 30 net-new units to set-aside at least 15% of the net-new units for lower income households on-site as the project’s inclusionary units instead of the existing 20% requirement; and WHEREAS, the inclusionary regulations require multi-unit projects creating 30 or more net-new units to set-aside at least 20% of the net-new units for lower income households on-site as project’s inclusionary units and require projects creating 50 or more net-new units to reserve at least 20% of the inclusionary units for extremely low-income households on-site; and
WHEREAS, the existing condo conversion regulations (DMMC Chapter 24.40) are being repealed and replaced to modernize the City’s regulations to establish consistency with State law and the citywide inclusionary housing regulations; and WHEREAS, ordinance provisions to modify the inclusionary housing threshold for development of net-new dwelling units and condo conversions that better account for project size and remove prior options to locate units off-site or pay an in-lieu fee are expected to remove potential impediments and result in production of lower income units to meet RHNA for the 6th Cycle and future housing cycles; and WHEREAS, the Municipal Code Chapters 24.21 and 24.40 being amended are not a part of the City’s certified Local Coastal Program (LCP), which means the Ordinance is not subject to certification by the Coastal Commission; and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and all proposed coastal development, including future multi-unit development and subdivisions subject to inclusionary housing, will be subject to permit review and processing in compliance with the City’s certified LCP, which means there is no potential for a significant effect on the environment as a result of this Ordinance; and WHEREAS, the Notice of Planning Commission public hearing was posted in the Coast News and at City Hall and mailed to interested persons on June 21, 2024; and WHEREAS, on July 9, 2024, the Planning Commission unanimously recommended approval to the City Council with a recommended modification to ensure 5 October 7, 2024 Item 05
Ordinance No. XXXX

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the inclusionary housing regulations account for project size and maximize the number of affordable units developed; and
WHEREAS, on August 22, 2024, the notice of City Council public hearing was published in the Del Mar Times and mailed to interested persons; and WHEREAS, consideration of the Ordinance in a noticed public hearing will satisfy a commitment in the settlement agreement for withdrawal of the Referendum against City Ordinance 973 related to allowable 20 dwelling unit per acre density in the North Commercial Zone; and
WHEREAS, adoption of this Ordinance will satisfy the City commitments set forth in the certified 6th Cycle Housing Element Programs 4D and 4E.

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

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

1. This Ordinance ensures that condominium conversion projects require discretional approval of a subdivision map consistent with the Subdivision Map Act (State law) and the Del Mar Municipal Code. No applications requesting approval of a condominium conversion may be approved through a ministerial “by right” process.

2. This Ordinance requires that any income-restricted affordable units within proposed condo conversion projects be retained and subject to the same income restrictions and affordability levels.

3. This Ordinance ensures there is no net loss of housing stock and imposes mitigation on condominium conversion projects to ensure that at least one income-restricted affordable dwelling unit will be provided onsite within each project, or pay the equivalent in-lieu fee payment, to minimize the potential effects of the change in ownership from rental units to ownership units.

4. This Ordinance requires inclusionary housing mitigation as follows:
a. Condominium conversion projects that create no net-new units must set-aside at least one income-restricted low income unit onsite, or if a two-unit condo project may pay one in-lieu fee.
b. Projects that create less than 30 net-new units must set-aside at least 15% of the net-new units for lower income households on-site 6 October 7, 2024 Item 05
Ordinance No. XXXX

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as the project’s inclusionary units instead of the existing 20% requirement.
c. Projects that create 30 or more net-new units must set-aside at least 20% of the net-new units for lower income households on-site as project’s inclusionary units.
d. Projects that create 50 or more net-new units must reserve at least 20% of the inclusionary units for extremely low-income households. e. Continues to require payment of one in-lieu fee for each net-new lot created as part of a subdivision.

5. Prior to adoption of this Ordinance, processing of the Ordinance involved the following:
a. Preparation of code amendment drafts that were posted on the City’s web page for public review.
b. Notification to the public of availability of draft amendments for public review where public notice was provided electronically through the City’s weekly newsletter and formal public notice of the availability of drafts and the public hearing dates was posted at City Hall, published in the newspaper, and mailed to interested persons. c. Completion of environmental analysis of the code amendments in accordance with the California Environmental Quality Act (CEQA) and the California Coastal Act as necessary to demonstrate compliance with CEQA, the Coastal Act, and the City’s certified Local Coastal Program.
d. Conduction of a noticed public hearing of the Del Mar Planning Commission on July 9, 2024, where the Planning Commission provided a recommendation to the City to adopt the amendments with specified revisions.
e. Conduction of a noticed public hearing to introduce the Ordinance during a meeting of the Del Mar City Council on September 23, 2024.

SECTION TWO: That existing DMMC Chapter 24.21 Inclusionary Housing Requirements shall be repealed and replaced in its entirety as follows:
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Chapter 24.21 INCLUSIONARY HOUSING

24.21.010 Purpose and Intent.

Local governments have a responsibility to exercise their powers to facilitate the development of housing to adequately provide for the housing needs of all economic segments of the community, as stated in Government Code Section 65580. The City’s Housing Element identifies that the City of Del Mar faces a shortage of affordable dwelling units and calls for the continued implementation of an inclusionary housing program as an affordable housing mitigation strategy to produce affordable housing at low-, very low-, and extremely low-income levels.

The purpose of this Chapter is to ensure that the limited remaining developable land in the City is utilized in a manner consistent with the City’s housing polices and needs. The provisions of this Chapter advance a legitimate State interest by establishing standards and procedures to facilitate the development of housing that is affordable to a range of households with varying income levels. The intent of this Chapter is to materially reduce cost impacts and increase the financial feasibility of affordable housing production to ensure that the addition of affordable dwelling units is in proportion with the overall increase in new dwelling units, and that the same affordable dwelling units are counted towards both the inclusionary housing and density bonus law provisions under this Code, consistent with State law and case law authority.

24.21.020 Definitions.

For purposes of implementing the provisions of this Chapter, the following words and phrases shall have the meaning as assigned below.

Affordable housing shall mean housing for which the total housing cost paid by a qualifying household, including utilities, does not exceed a specified percentage of the local area median income (AMI), as published and periodically updated by the State of California Department of Housing and Community Development (HCD) in accordance with Section 50093 of the California Health and Safety Code. The following household income categories meet the State law criteria for lower income affordable housing:

1. Low-income household shall mean a lower income household whose gross income is in the range of 50 to 80 percent of AMI, adjusted for household size.

2. Very low-income household shall mean a lower income household whose gross income is in the range of 30 to 50 percent of AMI, adjusted for household size.

3. Extremely low-income household shall mean a lower income household whose gross income is in the range of 15 to 30 percent of AMI, adjusted for household size.
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Household shall mean one person living alone or two or more persons sharing a dwelling unit.

Inclusionary unit shall mean a dwelling unit, offered for sale or rent, at affordable housing rates to low-, very low-, or extremely low-income households.

Market-rate unit shall mean a dwelling unit, offered for sale or rent, on the open market at the prevailing market rate.

Ownership unit shall mean a dwelling unit designed and intended to be sold.

Primary Residence means a dwelling unit owned and occupied as the owner’s principal place of residence, where the owner lives more than six (6) months per year. For purposes of this Chapter, an owner can only have one primary residence at any given time.

Rental unit shall mean a dwelling unit designed and intended to be rented.

24.21.030 Applicability.

A. This Chapter shall apply to residential development projects, where the dwelling units will be offered for sale or rent, resulting in:

1. The development of two (2) or more dwelling units, including, but not limited to, mixed income projects, and mixed-use projects; or

2. The conversion of two (2) or more dwelling units to condominiums in accordance with Chapter 24.40 of this Code.

B. This Chapter shall apply to the creation of lots through a subdivision map.

C. This Chapter shall not apply to the following:

1. Projects that are not a residential development project or that do not include a residential development component.

2. Projects for which the City enters into a development agreement in accordance with Government Code Sections 65864 et seq. before the effective date of this Chapter, provided that the project complies with the inclusionary requirements set forth in such development agreement or any preceding inclusionary housing ordinance in effect on the date the development agreement was executed.

3. Construction, alteration, improvement, expansion, or extension of existing dwelling units, provided that the number of dwelling units is not increased, 9 October 7, 2024 Item 05
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except that this Chapter shall apply to the subdivision of land for the conversion of apartments to condominiums.

4. Reconstruction, restoration, or rebuilding of dwelling units to replace previously existing dwelling units on the same lot that were involuntarily damaged or destroyed within two (2) years prior to the application for a building permit for the new dwelling units, provided that the number of dwelling units is not increased.

5. Construction of accessory dwelling units in accordance with Chapter 30.91 of this Code.

6. Construction of homeless shelters, supportive housing, transitional housing, residential care facilities, and health care facilities.

7. Conversion of mobile home parks in accordance with Chapter 24.44 of this Code.

24.21.040 Required Mitigation and Calculation Methodology.

A. Inclusionary Units.

1. All residential development projects subject to this Chapter that result in the creation of net-new dwelling units shall reserve a portion of the units on-site as inclusionary units for occupancy by low-, very low-, or extremely low-income households as follows:
a. Projects with less than 30 net-new dwelling units shall provide at least fifteen percent (15%) of the dwelling units as inclusionary units for occupancy by low-, very low-, or extremely low-income households. The inclusionary housing calculation shall be taken from the total number of net-new units.
b. Projects with 30 net-new dwelling units or more shall provide at least twenty percent (20%) of the dwelling units as inclusionary units for occupancy by low-, very low-, or extremely low-income households.

The inclusionary housing calculation shall be taken from the total number of net-new units.
c. Projects with 50 net-new units or more, shall comply with Section

24.21.040(A)(1)(b) for the total number of inclusionary units and at least twenty percent (20%) of the inclusionary units provided shall be reserved for occupancy by extremely low-income households. 10 October 7, 2024 Item 05
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2. Condominium conversion projects subject to this Chapter shall provide inclusionary units on-site for occupancy by low-, very low-, or extremely low-income households as follows:
a. Two-unit condominium conversion projects shall provide one lowincome unit on-site, or may pay one in-lieu fee at the rate in existence at the time of payment.
b. Condominium conversion projects with more than two units shall provide at least fifteen percent (15%) of the dwelling units as inclusionary units for projects with less than 30 dwelling units and shall provide at least twenty percent (20%) of the dwelling units as inclusionary units for projects with 30 or more units. The inclusionary housing calculation shall be taken from the total number of converted units.
c. Accessory dwelling unit (ADU) development in accordance DMMC Chapter 30.91 (ADU Regulations) may be utilized to satisfy the inclusionary housing requirement.

3. As a condition of approval of any Tentative Map or Tentative Parcel Map that proposes the creation of residential lots, the subdivider shall pay one in-lieu fee for each net-new lot to be created as part of the subdivision. a. The rate of the in-lieu fee shall be as established or amended by Resolution of the City Council.
b. The condition shall specify that all in-lieu fees required by this Section are to be paid to the City prior to approval of the subdivision’s Final Parcel Map at the rate of the in-lieu fee in existence at the time of payment.
c. Any in-lieu fees collected shall be deposited in the Del Mar Housing Assistance Fund, which is an existing housing trust fund that is administered in accordance with Section 24.21.080.

B. Fractional Units. When calculating the number of inclusionary units, a number that results in a fraction of a whole number shall be rounded up to the nearest whole number.

C. Compliance with Density Bonus Law.

1. An applicant that seeks to construct affordable housing to qualify for a density bonus in accordance with State law and Chapter 30.90 of this Code, may count those dwelling units that qualify for a density bonus towards satisfying the inclusionary housing requirements of this Chapter. 11 October 7, 2024 Item 05
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2. In such cases, the required affordable units for the density bonus project per DMMC Chapter 30.90 shall be calculated based on the number of units allowed pre-density bonus; and the total number of required inclusionary units shall be calculated based on the total number of net-new units proposed in the project, including the density bonus units.

3. The lower income units used to qualify the project for a density bonus shall count towards satisfaction of the total number of required inclusionary units. Therefore, the total number of required inclusionary units minus the required number of lower income units for the density bonus project identifies the remaining number of inclusionary units that must be provided to satisfy the lower income inclusionary housing requirement for the project.

D. No Alternative Means of Compliance. All qualifying residential development projects under Section 24.21.030(A) must comply with the inclusionary housing requirements of this Chapter. No alternative means of compliance may be provided to satisfy compliance with the inclusionary housing requirements of this Chapter.

24.21.050 Inclusionary Housing Plan and Agreement
A. The applicant of a residential development project subject to this Chapter shall comply with the following requirements:

1. Inclusionary Housing Plan. The applicant shall submit an inclusionary housing plan, on a form approved by the City, detailing how the provisions of this Chapter will be implemented for the proposed residential development project. The inclusionary housing plan shall be processed concurrently with all other permits required for the residential development project and shall be subject to the approval of the Planning and Community Development Director, with the option of review and approval by the City Council. The inclusionary housing plan shall include, at a minimum, the following:
a. The location, tenure (ownership units or rental units), and size of the market-rate, commercial space and/or inclusionary units; b. The basis for calculating the number of inclusionary units; c. A floor or site plan depicting the location of the inclusionary units; d. The household income categories to be accommodated by the residential development;
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e. A description of the mechanisms that will be used to ensure that the inclusionary units remain affordable for the required duration; f. A schedule for production of the inclusionary units; g. For phased development projects, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of the project and a schedule for completion;
h. Any proposed density bonus, concessions or incentives, waivers or modifications of development standards, reduced parking ratios, or other regulatory incentives requested in accordance with Chapter

30.09 of this Code; and
i. Any additional information or documentation that may be required by the City.

2. Inclusionary Housing Agreement. The applicant shall enter into an inclusionary housing agreement with the City, on a form approved by the City, to ensure that all requirements of this Chapter are satisfied. a. The inclusionary housing agreement shall include, at a minimum, the following:
i. A description of the residential development;
ii. The number of units approved for the residential
development, including the number of ownership units or rental units, household income categories, and tenure of affordability of the inclusionary units (55 year minimum); iii. The location, unit size(s) (square footage), and number of bedrooms of the inclusionary units;
iv. Where applicable, tenure and conditions governing the initial sale of the inclusionary units or establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining inclusionary units; v. Documents identifying the rental restrictions, resale restrictions, and provisions for changes in title that will be used to secure the continued affordability of the inclusionary units for the required duration, including, but not limited to, deeds of trust, rights of first refusal, procedures for rent and sales price increases, required disclosure of deed restrictions 13 October 7, 2024 Item 05
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affecting the re-sale of for-sale units and the City’s first right of refusal to buy the unit(s) to provide affordable housing or other documents; and
vi. The standards and process that will be used to determine household income and certify qualifying households for the rental or ownership units within the project as applicable. This may include consideration of records such as tax returns and annual occupancy verification forms to demonstrate due
diligence in verification of income.
vii. A provision for annual monitoring to ensure implementation of the ongoing maintenance obligations.
viii. Compliance with State and Federal laws;
ix. Prohibition against discrimination;
x. Indemnification of City;
xi. City’s right to inspect units and documents;
xii. Remedies for applicant’s breach of agreement; and
xiii. Any additional information or documentation that may be required by the City.
b. Following execution of the agreement by all parties, the completed agreement shall be recorded as a deed restriction on the property designated for the location of inclusionary units. The agreement shall run with the land and be binding on all future owners and successors in interest of the property.

B. City Approvals.

1. Development Permit Approvals. No Development Permit approval shall be issued until the applicant has submitted the inclusionary housing plan to the City. This shall include all Development Permits that are required to be issued for the project irrespective of whether the permit issuance is required through a discretionary or ministerial process.

2. Map or Building Permit. No tentative map, parcel map, final map shall be approved, or, where a map is not being processed, no building permit shall be issued unless the City has approved the inclusionary housing plan and the inclusionary housing agreement has been recorded against the property.
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3. Certificate of Occupancy. No certificate of occupancy shall be issued unless the approved inclusionary housing plan has been fully implemented.

24.21.060 Standards for Inclusionary Units.

A. Design. Inclusionary units constructed in accordance with this Chapter shall be:

1. Reasonably dispersed throughout the residential development so as not to create a concentration of inclusionary units on one floor or to an area on a specific floor;

2. Proportional, in terms of the number and size of bedrooms to the marketrate units in the residential development;

3. Comparable, in terms of size, design, materials, finished quality, and appearance, to the market-rate units in the residential development, and be consistent with the City’s design review objective standards. Interior finishes and amenities may differ from those provided in the market-rate units, but neither the workmanship nor the products may be of substandard or inferior quality; and

4. Permitted the same access to common entrances, common areas, parking, amenities, and recreational facilities as the occupants of the market-rate units in the residential development.

B. Timing of Construction. The inclusionary units shall be constructed concurrently with the market-rate units. If the City approves a phased project, a proportional share of the inclusionary units shall be constructed within each phase of the residential development project. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the inclusionary units and the market-rate units.

C. Continued Affordability.

1. Ownership Unit. Inclusionary ownership units shall remain restricted at an affordable sales price to the designated household income category at which the inclusionary ownership unit was first purchased. The unit shall remain restricted from the date of purchase/close of escrow for a period of at least fifty-five (55) years, unless a longer term is required in accordance with State law or financing requirements.
a. Transfer. Renewed restrictions will be entered into on each change of ownership, up to the fifty-five (55) year affordability term, upon transfer of an inclusionary ownership unit prior to the expiration of the 55-year affordability period.
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b. Resale. The resale price of an inclusionary ownership unit shall be limited to the lesser of (1) the fair market value of the unit, or (2) the seller’s lawful purchase price, increased by the rate of increase of AMI during the seller’s ownership. To the extent authorized in any resale restrictions or operative Inclusionary Housing Agreement, the seller may recover at time of sale the market value of capital improvements made by the seller and may authorize an increase in the maximum allowable sales price to achieve such recovery. The resale restrictions shall allow the City a right of first refusal to purchase any inclusionary ownership unit at the maximum price that could be charged to an income-eligible household at any time the owner proposes sale of the inclusionary ownership unit.

2. Rental Unit. Inclusionary rental units shall remain restricted at an affordable rental price to the designated household income category at which the inclusionary rental unit was first rented for a period of at least fifty-five (55) years, or a longer period of time if required in accordance with State law or by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

3. Required Documentation. The City may require, in a form approved by the City, the provision of documents, such as rental restrictions, resale restrictions, or a regulatory agreement to secure the continued affordability of the inclusionary units, establish standards for determining household income, provide ongoing maintenance obligations, define procedures for rent and sales price increases, and other requirements.

4. Income Certification.
a. Ownership Unit. The applicant and any subsequent owner of an inclusionary ownership unit offered for sale shall certify, on a form approved by the City, the income of the purchaser.
b. Rental Unit. The owner of an inclusionary rental unit offered for rent shall certify, on a form approved by the City, the income of the tenant at the time of the initial rental of the inclusionary unit and annually thereafter.

D. Primary Residence.

1. The owner or lessee of an inclusionary unit shall reside in the unit as their primary residence, unless otherwise approved in writing by the City for rental to a third-party eligible household for a limited period of time due to household hardship.
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2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior written permission of the City.

E. General Prohibitions.

1. No person shall sell or rent an inclusionary unit at a price or rent in excess of the applicable affordable housing cost placed on the unit in accordance with this Chapter.

2. No person shall sell or rent an inclusionary unit to person(s) that do not meet the income restrictions under this Chapter.

3. No person shall provide false or materially incomplete information to the City or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

4. No person shall sublease or rent an inclusionary unit for any use other than affordable housing. Use of an inclusionary unit as a short-term rental for dwelling, lodging, or sleeping purposes for 30 consecutive days or less is prohibited.

F. No Conflict of Interest. Officials, employees, or consultants of the City, members of City boards and commissions, and the applicant shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an inclusionary unit.

24.21.070 Exception in Case of Hardship to Avoid a Taking.

A. An applicant may request an exception to the requirements of this Chapter subject to approval by the City Council as necessary to avoid a taking.

B. Any request for an exception pursuant to this Section shall be submitted to the City concurrently with the inclusionary housing plan and shall set forth in detail the factual and legal basis for the claim. The request shall be reviewed and considered in the same manner and at the same time as the inclusionary housing plan.

C. The applicant shall bear the burden of presenting substantial evidence to the City supporting the request for an exception to avoid a taking. The City may assume each of the following, when applicable:

1. The applicant will provide the most economical inclusionary units feasible, while still meeting the requirements of this Chapter; and 17 October 7, 2024 Item 05
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2. The applicant will benefit from the incentives of residential development as described in this Chapter and elsewhere in this Code.

D. Notwithstanding any other provision of this Section, the City Council may grant an exception based upon a finding that applying the requirements of this Chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result.

24.21.080 Administration and Enforcement.

A. Del Mar Housing Assistance Fund. The City Council may, by resolution, establish fees for the ongoing administration, monitoring and enforcement of this Chapter, which fees may be updated as necessary. Any fees collected by the City in accordance with this Chapter shall be deposited into the Del Mar Housing Assistance Fund, which is an existing housing trust fund. The City will continue to make these funds available for rental subsidy and/or other affordable housingrelated programs such as the acquisition of land and construction of affordable units designated for low-, very low-, or extremely low-income households in the City and/or for costs and expenses related to administration of the housing trust fund.

B. Required Compliance. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any developer or owner from the requirements of this Chapter. No permit, license, map, or other approval or entitlement for a residential development project shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this Chapter have been satisfied.

C. Enforcement. The regulations of this Chapter, including the terms of any inclusionary housing agreement or document prepared to administer the affordability and eligibility requirements of an inclusionary unit, shall be enforced according to the provisions in Chapter 1.08 of this Code.

D. Forfeiture.

1. Ownership Unit. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this Chapter, the buyer and seller shall be jointly and severally liable to the City for the entire purchase price of the unit. Recovered funds shall be deposited into the affordable housing trust fund. Notwithstanding the foregoing, upon written request for time to cure any violation given to the City by the buyer and/or seller, it shall be within the discretion of the City to allow the buyer and seller 180 days to cure any violation of the resale price controls.
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2. Rental Unit. Any lessor who leases an inclusionary unit in violation of this Chapter shall be required to forfeit to the City all money so obtained.

Recovered funds shall be deposited into the affordable housing trust fund.

E. Remedies Not Exclusive. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity including but not limited to, taking action to revoke, deny or suspend any permit issued to the residential development, including a building permit, certificate of occupancy, or discretionary approval.

24.21.090 Appeal Process.

An appeal by an applicant or interested person seeking City Council review of a determination made pursuant to this Chapter shall be filed in accordance with Chapter

1.12 of this Code.

24.21.100 Severability.

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

SECTION THREE: That existing DMMC Chapter 24.40 (Conversion of Residential Property to Condominiums) shall be repealed and replaced in its entirety as follows:

Chapter 24.40 CONDOMINIUM CONVERSIONS

24.40.010 Purpose.

A. The conversion of residential rental units to ownership housing through common interest subdivision projects can have an adverse impact on the supply and availability of rental housing and result in the displacement of residents, who may be required to move from Del Mar due to the lack of opportunities for affordable replacement housing within the community. The State has determined that providing affordable housing is a “Statewide” concern resulting in numerous legislative attempts to protect affordable housing and to increase available housing opportunities for households at all income levels.

Measures are needed to preserve the City’s existing supply of older dwelling units and apartments, which are an important source of comparatively more affordable, lower rent housing. When properly regulated, condominium conversions can create affordable housing units for lower income households through requirements for a portion of the units to be reserved as rent-restricted affordable units. In order to stem the loss of rental housing and maintain housing 19 October 7, 2024 Item 05
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opportunities for a range of income levels, including moderate-, low-, very low-, and extremely low-income households, the City finds it is necessary to reasonably regulate condominium conversions.

B. The purpose of this Chapter is to establish criteria for the conversion of existing dwelling units to condominiums in common interest subdivision projects to:

1. Provide reasonable protection and mitigation for those persons renting dwelling units, who would be displaced by the conversion of such dwelling units to a condominium or similar form of ownership.

2. Reduce the impact of such conversions by providing notification of the proposed conversion, disclosure of the physical conditions of the structure that is offered for purchase, an opportunity to purchase the unit, and adequate time and assistance for relocation where applicable.

3. Ensure that converted housing achieves a high degree of appearance, quality, and safety, and is consistent with the goals of the City.

4. Achieve the affordable housing goals set forth in the Housing Element component of the Del Mar Community Plan.

24.40.020 Applicability and Process for Approval.

A. The proposed conversion of existing dwelling units to condominiums is subject to the procedures and requirements of the California Subdivision Map Act (Government Code §§66410 et seq., as those sections may be amended from time to time), including obtaining either:

1. A Tentative Map in accordance with Chapter 24.50 subject to Planning Commission recommendation and City Council approval and a Final Map in accordance with Chapter 24.54 subject to City Council approval for a major subdivision into five or more parcels; or

2. A Tentative Parcel Map in accordance with Chapter 24.60 subject to Planning Commission recommendation and City Council approval and a Final Map in accordance with Chapter 24.54 subject to City Council approval or a Parcel Map Waiver in accordance with Chapter 24.64 subject to Planning Commission approval for a minor subdivision into four or fewer parcels.

B. The provisions of this Chapter shall apply to the conversion of any existing units to a condominium, community apartment project, or other similar tenancy-incommon form of ownership.

24.40.030 Definitions
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For purposes of implementing the provisions of this Chapter, the following words and phrases shall have the meaning assigned below:

Common interest subdivision shall mean a form of ownership in which the owner has exclusive ownership of a particular lot or unit combined with common ownership or beneficial use of certain areas and facilities that are owned jointly with other owners.

Community apartments shall mean a residential project that is a type of common interest subdivision with areas that are shared in common and where each apartment “tenant” has an ownership interest in the overall apartment complex in addition to having an exclusive right to occupancy of an apartment unit within the development. This definition applies only to community apartment projects of five or more units/interests that are processed in accordance with the Subdivision Map Act and this Chapter and does not apply to the leasing of traditional apartments where one entity owns the land and building(s) and rents out apartment units under leases where the tenant has the exclusive right to occupancy of an apartment but has no ownership interest in the property.

Condominium conversion shall mean a residential project that is a type of common interest subdivision with areas that are shared in common and where each condominium owner is entitled to exclusively occupy a unit within the development after conversion from a residential rental unit to an ownership unit in accordance with the Subdivision Map Act and this Chapter.

Tenancy-in-common shall mean an undivided form of ownership interest shared in common in accordance with the Subdivision Map Act and this Chapter.

24.40.040 Submittal Requirements and Disclosure of Submitted Reports.

In compliance with the procedures and requirements for obtaining either a Tentative Map or Tentative Parcel Map in accordance with Chapters 24.50 and 24.60, the subdivider shall provide the following submittal requirements:

A. A complete application form and fees in accordance with the adopted City’s Fee Schedule to cover processing of the application and mailed notification to the occupant of each unit to be converted providing notice of the scheduled public hearings at which the application will be reviewed.

B. The accompanying plat that depicts the lot lines and includes the provisions for permanent monumentation and other features deemed necessary by the City Engineer.

C. The approved Coastal Development Permit, Design Review Board Permit, and other documentation where applicable to demonstrate that the proposed subdivision complies with the requirements established by the State and the City. 21 October 7, 2024 Item 05
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D. A Physical Element Report to disclose the structural condition of all elements of the property including but not limited to foundations, electrical, plumbing, utilities, walls, frames, ceiling, windows, appliances, mechanical equipment, stone and brickwork, fireplaces, exterior lighting, recreational facilities, refuse/recycling/compost disposal facilities, sound transmission of each building, and parking facilities.

1. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built or installed; the condition of each element; the approximate date upon which such element will require replacement and/or when said element was replaced; the approximate condition of each element; and the approximate date upon which said application for conversion was filed and accepted by the City.

2. The report shall identify any known defect or unsafe elements and set forth the proposed corrective measures to be employed.

3. The report shall identify for each element any variation of the physical condition from the current zoning code and building code in effect on the date of application.

E. A Pest Control Report from a licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot.

F. Within the Coastal Bluff Overlay Zone or Bluff, Slope, and Canyon Overlay Zone, a Geotechnical Report prepared by a licensed engineer to disclose any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures.

Reference shall be made to any previous geotechnical reports or soils reports for the site and copies of said reports shall be submitted.

G. A Paint Assessment Report by a licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining life of the paint or similar stained design.

H. A Roof Assessment Report by a licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs.

I. A Common Area Assessment Report on the condition of the common area improvements, including landscaping, lighting, utilities and streets. 22 October 7, 2024 Item 05
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J. A Water and Sewer Assessment Report that provides documentation proving that the existing water and sewer lateral sizes meet the building’s needs without compromising flow capacity or compliance with public infrastructure standards.

K. A statement of how the development meets the required findings for approval in Section 24.40.070, including an explanation of how the development complies with the required standards in Section 24.40.050, including any repairs or improvements the subdivider intends to make to demonstrate the project will achieve a high degree of appearance, quality, and safety.

L. The covenants, conditions and restrictions (CC&Rs) and homeowners association (HOA) rules and regulations that would apply to all owners of condominium units within the project, which shall include, at a minimum: the conveyance of units; assignment of parking and storage areas; an agreement for common area maintenance; provision of common area access to the street frontage of the development; and an estimate of any initial assessment fees anticipated for such maintenance. The fee estimate shall identify the anticipated water and sewer fees.

M. Specific information concerning the demographic and financial characteristics of the project (e.g., square footage and number of rooms in each unit; rental rate history; monthly vacancy rate; number of tenants and tenant households in the project; etc.)
N. Any other information which, in the opinion of the Director, will assist in determining whether the proposed project will be consistent with the purposes of this Chapter.

O. The final form of the required reports and documents identified above shall be subject to approval by the City. The reports in their accepted form shall remain on file with the Planning and Community Development Department for review by any interested persons.

P. The subdivider shall provide prospective buyers with a copy of all final reports prior to executing any purchase agreement or other contract to purchase a unit in the project. The seller shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site.

24.40.050 Standards for Condominium Conversions.

A. All condominium conversions shall conform to the Municipal Code in effect at the time of Tentative Map approval, including, but not limited to, the provisions of Chapter 24.21 (Inclusionary Housing), except as otherwise provided in this Chapter.
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1. Legal non-conforming structures, parking, and density may be maintained in accordance with Section 24.40.050(C).

2. Any code violations must be corrected prior to the approval.

B. Building Regulations. The project shall conform to the applicable provisions of the Building Codes in effect at the time of application submittal.

C. Zoning Regulations. The project shall conform to the applicable standards of Del Mar Municipal Code Title 30 in effect at the time of application submittal except as herein provided. Legal nonconforming structures may be converted, including property that is nonconforming with the underlying zoning designation's maximum density development standards. However, to achieve a high degree of appearance, quality, and safety, the City may require abatement of any legal nonconformity if such abatement is determined to be reasonably feasible, financially or structurally.

D. Fire Prevention

1. Smoke Detectors. Each dwelling unit shall be provided smoke detectors that comply with the latest California Building Code standards, which shall be mounted in each bedroom and outside each bedroom in the immediate vicinity of the bedrooms, and on each story of the dwelling unit.

2. Carbon Monoxide Detectors. Carbon monoxide detectors shall be provided in dwelling units that contain a fuel-burning appliance or fuel-burning fireplace or an attached garage, which shall be located outside each bedroom or in the immediate vicinity of the bedrooms, on each level of the dwelling unit, and in each bedroom where a fuel-burning appliance of fireplace is located within the bedroom.

3. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection equipment shall be retained in an operable condition at all times and in compliance with applicable codes and standards.

E. Sound Transmission.

1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the Planning and Community Development Department to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Planning and Community Development Department. 24 October 7, 2024 Item 05
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2. Noise Standards. Each dwelling unit shall conform to all interior and exterior sound transmission standards of the California Building Code. In such cases where present standards cannot reasonably be met, the City Council may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

F. Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of common area utilities shall be developed prior to final map approval and included in the covenants, conditions and restrictions (CC&Rs). In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the City Council.

G. Water and Sewer. The condominium conversion shall comply with the following water and sewer requirements:

1. Water Laterals and Water Meters
a. The converted condominium structure may utilize a single water lateral for potable water supply.
b. The applicant's designer must verify and ensure that the existing water lateral pipe size has the adequate capacity to provide the necessary water flow to all proposed fixtures within the condominium conversion. If not, then an appropriately sized water lateral and meter shall be installed.
c. A separate water lateral and meter shall be required for landscape irrigation.

2. Sewer Laterals
a. The converted condominium structure may use a single sewer lateral for sewage needs.
b. The applicant’s designer must ensure that the sewer lateral has the capacity to effectively convey the effluent per the standard requirements specified by the Public Works Department.

H. Private Storage Space. Each dwelling unit shall have a private storage space with a minimum volume of at least 200 cubic feet of enclosed weather-proofed and lockable private storage in addition to guest, linen, pantry, and clothes storage spaces customarily provided. Such space may be provided in any location approved by the Planning and Community Development Department but shall not be divided into two or more locations. In such cases where the subdivider can 25 October 7, 2024 Item 05
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Del Mar City CouncilOctober 7, 2024

Del Mar City Council
October 7, 2024