3. The date of the public hearing to consider all protests is set for May 16, 2022.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 22nd day of February, 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DOES HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
148 February 22, 2022 Item 09
RFP for Solid Waste, Recycling, and
Organics Collection Services
No 2021-04
Request For Proposals
Clem Brown
Environmental Sustainability/Special Projects Manager
Phone: (858) 755-9313
Email: [email protected]
RFP Issue Date: Friday, September 24 2021
Proposer Registration Deadline: Monday, October 4, 2021 at 4:00 pm Mandatory pre-proposal Conference: Thursday, October 7, 2021 10:00 am Questions Due: Friday, October 15, 2021 at 4:00 pm
Deadline for Submission: Thursday, November 11, 2021 at 4:00 pm Attachment C 149 February 22, 2022 Item 09
This Page Intentionally Left Blank
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Table of Contents
1 INTRODUCTION....................................................................................................................... 1
1.1 City’s Goals.............................................................................................................1
1.2 Draft Franchise Agreement....................................................................................1 2 RFP PROCESS ........................................................................................................................... 2
2.1 Proposer Registration ............................................................................................2
2.2 Mandatory Pre-Proposal Conference ....................................................................2
2.3 Schedule.................................................................................................................2
2.4 Proposal Terms ......................................................................................................3
2.5 Public Records........................................................................................................4
2.6 Verification of Information ....................................................................................4
2.7 Consequences of Submission of a Proposal ..........................................................4
2.8 Addenda .................................................................................................................4
2.9 City Point of Contact ..............................................................................................5
2.10 Proposal Submission...........................................................................................5
2.11 Proposer’s Indemnification of The City ..............................................................5
2.12 Evaluation Procedures and Criteria....................................................................6
2.13 Award..................................................................................................................6
2.14 Expenses Incurred in Preparing a Proposal........................................................6
2.15 City Business License ..........................................................................................6
2.16 Equal Opportunity ..............................................................................................6 3 BACKGROUND INFORMATION ............................................................................................... 7
3.1 Geographic Information.........................................................................................7
3.2 Regional Solid Waste Association (RSWA).............................................................7
3.3 Demographic Information .....................................................................................9
3.4 Current Rates and Fees Paid to the City ................................................................9
3.5 Service and Tonnage Information..........................................................................9
3.6 Service Area by Collection Days...........................................................................11 4 PROPOSED SERVICE REQUIREMENTS AND KEY CONTRACT TERMS.................................... 12
4.1 Single-family Residential Collection Services.......................................................12 Attachment C 151 February 22, 2022 Item 09
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4.2 Commercial Collection Services...........................................................................12
4.3 City and Other Services........................................................................................14
4.4 Key Contract Terms..............................................................................................16 5 PROPOSAL SUBMITTAL REQUIREMENTS ............................................................................. 18
5.1 Required Proposal Format/Checklist...................................................................18
5.2 Cover Letter / Executive Summary ......................................................................18
5.3 Proposer Information...........................................................................................19
5.3.1 Business Structure.........................................................................................19
5.3.2 Municipal Collection Experience...................................................................20
5.3.3 Key Personnel................................................................................................20
5.3.4 Service Transition Experience .......................................................................21
5.3.5 Litigation History and Regulatory Compliance .............................................21
5.3.6 Safety Record ................................................................................................22
5.3.7 Financial Information ....................................................................................22
5.4 Technical Proposal ...............................................................................................23
5.4.1 Collection Services.........................................................................................23
5.4.2 Billing and Customer Service.........................................................................23
5.4.3 Customer Education and Outreach...............................................................24
5.4.4 Service Implementation Plan ........................................................................25
5.4.5 Disposal and Processing Facilities.................................................................25
5.4.6 Operating Facilities........................................................................................25
5.4.7 Optional Innovative Programs ......................................................................26
5.4.8 Optional Additional Information...................................................................26
5.4.9 Subcontracting ..............................................................................................26
5.5 Exceptions to Draft Franchise Agreement...........................................................26
5.6 Rate Proposal Forms............................................................................................27 6 EVALUATION CRITRIA ........................................................................................................... 29
6.1 Evaluation Criteria................................................................................................29
6.1.1 Safety Record ................................................................................................29
6.1.2 Customer Service ..........................................................................................29 Attachment C 152 February 22, 2022 Item 09
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6.1.3 Financial Capability........................................................................................29
6.1.4 Technical Proposal ........................................................................................29
6.1.5 Waste Diversion Experience and Commitment to Sustainability.................29
6.1.6 Key Personnel................................................................................................30
6.1.7 Transition.......................................................................................................30
6.1.8 Litigation and Regulatory Compliance ..........................................................30
6.1.9 Exception to the Terms and Conditions........................................................30
6.1.10 Cost and Value...............................................................................................30 List of Tables
Table 1 - RFP Schedule.........................................................................................................3 Table 2 - Accounts by Customer Type .................................................................................9 Table 3 – Tons Collected - 2019.........................................................................................10 Table 4 – Tons Collected – 2020........................................................................................10 Table 5 - City Facilities.......................................................................................................14 Table 6 – Rolloff Service Provided to City at No-charge ...................................................15 Table 7 – Material Type by Customer Sector....................................................................20 List of Figures
Figure 1- Service Areas by Collection Day........................................................................11 List of Attachments
Attachment 1: Draft Franchise Agreement
Attachment 2: Rate Proposal Forms
List of Background Documents Available on City’s Website
1. City of Del Climate Action Plan
2. RSWA April 1, 2021 staff report re: Solana Center outreach
3. RSWA JPA Agreement
4. RSWA 1999 Disposal Agreement
5. RSWA 2008 MOU
6. RSWA 2017 Amendment #1
7. Del Mar Solid Waste Rates Effective July 1, 2021
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1 INTRODUCTION
The City of Del Mar (City) is requesting proposals from companies that have demonstrated experience in providing solid waste collection services to local governments in San Diego County. Firms who place a high priority on customer service and the diversion of waste from landfill disposal are encouraged to submit a proposal.
Coast Waste Management, Inc. (Waste Management) currently provides these services to the City. The Agreement with Waste Management will end on June 30, 2022. The term of the new agreement will begin on July 1, 2022 and will continue for ten (10) years, ending June 30, 2032. The initial term may be extended at the City’s sole option for an additional five (5) years through June 30, 2037.
1.1 City’s Goals
The goals of the City’s solid waste management program are to:
• Deliver safe, reliable, high-quality collection service at competitive rates. • Provide state-of-the-industry services that maximize the value of recovered resources, minimize the amount of waste landfilled, and protect the environment. • Ensure that the City and its residents and businesses achieve compliance with State solid waste and recycling requirements, including but not limited to AB 939, AB 341, AB 1826, and SB 1383.
• Move toward Zero Waste (95% diversion from landfill disposal) by 2035. A copy of the City’s Climate Action Plan is included as Background Document #1. • Foster City contractors that pay fair wages, and employ a diverse workforce.
1.2 Draft Franchise Agreement
To provide proposers with an understanding of the contract terms under which they will provide service, the City has prepared a draft franchise agreement, which is included in Attachment 1. Proposers may propose any exceptions to the draft agreement. Any exceptions will be considered in the evaluation of the proposals. The draft agreement and any proposed exceptions will serve as the basis for negotiations of a final agreement; however, the City expressly reserves the right to make changes to the draft agreement prior to entering into a final agreement with the selected proposer.
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2 RFP PROCESS
The City’s RFP process will include proposer registration, a mandatory pre-proposal conference, questions from proposers, and responses from the City. All proposals will become public documents after the final agreement has been awarded. Proposals are due on Thursday, November 11, 2021. The City anticipates that a contract will be awarded by the City Council in February 2022.
2.1 Proposer Registration
All proposers must register with the City to receive subsequent information about this RFP, and to receive a link to the online pre-proposal conference. Proposers may register more than one individual to receive information. However, each proposing firm must designate one individual as the primary point of contact. Proposers must register by sending an email (or emails) to Clem Brown at [email protected] no later than Monday, October 4, 2021 at 4:00 pm. The email must state the proposer’s intent to submit a proposal and include contact information for the proposer’s representativesthat wish to receive information about this RFP.
2.2 Mandatory Pre-Proposal Conference
A mandatory pre-proposal conference will be held on Thursday, October 7, 2021 at 10:00 am. The pre-proposal conference will be held via online meeting. All registered proposer representatives will be provided with instructions on how to attend the conference. All proposers must have at least one representative attend the pre-proposal conference. The purpose of this meeting is to confirm that proposers are familiar with the key terms and scope of services, and to answer any questions. Attendance at this meeting is mandatory for those intending to submit proposals. Failure to attend the pre-proposal meeting will result in disqualification from the RFP process. The City encourages all interested parties to review the RFP and attached draft agreement prior to the pre-proposal conference.
Although the deadline for questions is Friday, October 15, 2021 at 4:00 pm, proposers are encouraged to submit questions prior to the pre-proposal conference.
2.3 Schedule
The City intends to follow the schedule shown on the following page in Table 1. These dates are subject to change.
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Table 1 - RFP Schedule
Event/Activity Timeline
City releases RFP for Collection Service September 24, 2021 Proposers register with City via email October 4, 2021 at 4:00 pm City hosts mandatory pre-proposal meeting October 7, 2021 at 10:00 am Deadline for submittal of written questions October 15, 2021 at 4:00 pm City issues responses to questions October 28, 2021
Proposers submit proposals to City November 11, 2021 at 4:00 pm Evaluations/interviews November – December 2021
City completes negotiations with contractor December 2021 – January 2022 City Council approves collection agreement February 2022 Transition to new agreement February – June 2022
Selected contractor begins new service July 1, 2022
2.4 Proposal Terms
By submitting a proposal, a proposer represents that:
• The RFP and draft agreement are sufficient in scope and detail to provide a reasonable understanding of all requirements, terms, and conditions for performance of the work required;
• The proposer has exercised all necessary due diligence in making investigations and inquiries, examining documents, and inspecting City sites and facilities; • The proposer is fully familiar with and has fully considered all facts, conditions, circumstances, and matters that may affect, in any way, the proposer’s services or costs;
• The proposal is an irrevocable offer for a period of at least one hundred eighty (180) calendar days following City’s opening of all proposals; and • The proposer is, and will be, in compliance with the RFP’s requirements, terms, and conditions.
The City’s rights include, but are not limited to, the following:
• Withdrawing, reissuing or modifying the RFP.
• Requesting clarifications or additional information from any proposer at any point in the procurement process.
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• Executing any or all of the draft agreement with any proposer (or proposers) on the basis of the original proposals or any other information submitted by the proposers during the procurement process.
• Rejecting any or all proposals, waiving irregularities in any proposals, or waiving any requirements of the RFP.
• Accepting a proposal that may not offer the lowest cost but offers the best overall value to the City, in terms of rates, qualifications and services.
2.5 Public Records
All correspondence with the City, including responses to this RFP, will become property of the City and will become public records under the California Public Records Act. The City will make available the proposals after it awards the contract to the successful proposer.
2.6 Verification of Information
The City, and its representatives, may conduct reference checks on proposers. This may involve contacting municipalities currently or previously served by proposer, as well as contacting regulatory agencies involved in the oversight of proposers’ facilities and operations. In addition, the City may review the proposers’ litigation history, regulatory actions, safety records, and diversion history. The proposer’s submission of a proposal constitutes an agreement to cooperate with any such review.
2.7 Consequences of Submission of a Proposal
The submission of a proposal shall not be deemed an agreement between the proposer and the City. The proposal is a contractual offer by the proposer to perform services in accordance with the proposal. Acceptance of a proposal by the City obligates the proposer to enter into good faith negotiations based on the proposal submitted. Any agreement shall not be binding on the City unless and until it is approved by the City Council, executed by the City and the selected proposer, and any conditions precedent to its effectiveness have been fulfilled.
2.8 Addenda
The City will issue Addenda in writing via email only. In addition, a copy of each addendum (if any) will be posted on the City’s website. It is the proposer’s responsibility to ensure that it has received all addenda. Each proposer must provide a signed acknowledgement confirming receipt of all issued addenda to this RFP. At any time before the proposal Attachment C 157 February 22, 2022 Item 09
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deadline, the City may issue addenda withdrawing the RFP or postponing the proposal deadline. However, if any addenda results in a material change to this RFP, or the proposed agreement, or both, the City may extend the proposal deadline by not less than seventy-two (72) hours.
2.9 City Point of Contact
All questions or requests for information regarding this RFP must in writing and sent via email to Clem Brown, Environmental Sustainability/Special Projects Manager, at [email protected]. Proposers and their representatives or agents are prohibited from contacting City staff, City consultants, or elected or appointed officials of the City in regard to this RFP. The City reserves the right to reject proposals from proposers who contact City staff, City consultants, or elected or appointed officials of the City after the date this RFP is issued.
2.10 Proposal Submission
All proposals must be submitted in sealed envelopes, bearing on the outside the proposer's name, and address, and marked "SEALED PROPOSAL FOR SOLID WASTE COLLECTION SERVICES - DO NOT OPEN WITH REGULAR MAIL.” Sealed proposals will be received at the office of the City Clerk, City of Del Mar, located at 1050 Camino Del Mar, Del Mar, California, Thursday, November 11, 2021 until 4:00 pm. Mailed proposals shall be addressed to: City Clerk at 1050 Camino Del Mar, Del Mar, California 92014 and must be received by the bid closing date and time shown above. Proposals which are not properly marked may be disregarded. Any proposal received after the scheduled closing time for receipt of proposals will be returned unopened.
Proposer shall submit:
• One (1) unbound, fully executed original.
• Four (4) bound copies.
• One (1) thumb drive with a PDF copy of the proposal and the Excel workbook with the completed rate proposal forms.
2.11 Proposer’s Indemnification of The City
At its expense, proposer agrees to indemnify, defend, and hold harmless the City and its officers, agents, employees, and representatives from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, Attachment C 158 February 22, 2022 Item 09
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and expenses (including attorneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following:
• Proposer submitting the proposal;
• The City accepting proposer’s proposal; or
• The City awarding a Contract to a proposer.
2.12 Evaluation Procedures and Criteria
The City’s evaluation team will review the proposals, conduct reference checks, request additional information, score and rank the proposals, and prepare a recommendation to the City Council. During the process, proposers may be required to attend interviews, allow site visits, and make presentations to the City. The City intends to objectively evaluate the proposals based on the criteria outlined in Section 6.
2.13 Award
The City intends to award the franchise agreement to the proposer that the City determines will best meet the City’s goal of receiving the highest quality service at the lowest reasonable cost.
2.14 Expenses Incurred in Preparing a Proposal
The City shall not be responsible for any expenses incurred by the proposer in the preparation of a proposal. Such expenses shall be borne exclusively by the proposer.
2.15 City Business License
The proposer selected will be required to obtain a Del Mar Business License while conducting any work under the franchise.
2.16 Equal Opportunity
In connection with proposals pursuant to this RFP, proposers shall not in any manner prohibited by law discriminate or permit discrimination against any person or group of persons on the ground of race, religion, color, national origin, age, ancestry, disability, medical condition, military or veteran status, marital status, sex, gender, sexual orientation, or any other category protected by Federal, State, or local laws. In the event of a proposer’s noncompliance with this nondiscrimination clause or with any applicable rules, regulations or orders, the proposer may be declared ineligible to enter into an agreement with the City.
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3 BACKGROUND INFORMATION
3.1 Geographic Information
The City of Del Mar is located on the coast immediately north of the City of San Diego.
The City has two miles of coastline with lagoons and waterways serving as the southern and northern borders. The City is approximately one-mile wide, with two square miles of area. Approximately 20 percent of this area is the Del Mar Racetrack and Fairgrounds (Fairgrounds). The Fairgrounds is a separate State entity and arranges for its own waste collection services.
Del Mar is a mix of medium- to high-density flat beach areas and lower-density hillsides.
The City is considered to be built out. In the summer, the beach areas are highly trafficked and parking is difficult. There are an estimated 100 or more short-term rentals within the City, which may have higher waste generation during the summer. The yard waste generation among the beach area homes tends to be lower than the homes in the hillsides. The hillside sections of the City are lower density, and can be somewhat challenging to serve in certain areas due to steep terrain, uneven surfaces, narrow roadways, and overhanging tree branches. Generally, the areas west of the main thoroughfare (Camino del Mar) are relatively flat, and the areas east of Camino del Mar are primarily hilly.
3.2 Regional Solid Waste Association (RSWA)
The City of Del Mar is a member of the Regional Solid Waste Association (RSWA). The RSWA is a joint powers agency comprised of the cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach, and Vista. RSWA administers three programs: 1) a household hazardous waste program, 2) an SB 1383 compliance support program, and, 3) a waste disposal contract.
RSWA provides a household hazardous waste program through a contract with EDCO, which subcontracts with Clean Earth for the disposal or recycling of household hazardous waste. Residents of RSWA member cities, as well as residents of contract cities (Carlsbad and San Marcos), can use the permanent hazardous waste collection and recycling facilities located in the cities of Escondido, Poway or Vista.
In April 2021, RSWA retained the Solana Center for Environmental Innovation (Solana Center), and the San Diego Food System Alliance (SDFSA), to provide SB 1383 compliance support services to its member cities. SDFSA is a subcontractor the Solana Center. These services are divided into two categories, ‘core’ and ‘optional’ services. The core services Attachment C 160 February 22, 2022 Item 09
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include identifying edible food generators, and establishing an edible food recovery program. The optional services include education and outreach targeted toward individual businesses. Optional services are individually funded by each member city. The City of Del Mar has not elected to use the Solana Center for the optional services. The scope of work for the SB 1383 compliance support services is included in a RSWA agenda staff report from its meeting on April 1, 2021. This staff report is included on the City’s website as Background Document #2.
RSWA has a long-term disposal contract with EDCO. Under the terms of the disposal contract, all member cities are currently required to direct their waste tons to EDCO’s material recovery facility in Escondido at a pre-determined tipping fee per ton. RSWA’s disposal agreement with EDCO covers waste, but not recyclables, green waste, or organics. As of July 1, 2021, this tipping fee is $51.26 per ton.
RSWA was formed as a Joint Powers Authority in 1997. The RSWA disposal contract was begun in 1999 for a term of 20 years. It was modified in 2008 via an MOU between RSWA and EDCO to address issues on how the tipping fee was calculated. In 2010, the agreement was amended and the term of the agreement was extended to June 30, 2027.
Copies of the JPA Agreement, disposal agreement, the MOU, and the first amendment have been posted to the City’s website as Background Documents 3, 4, 5, and 6, respectively.
As a member of RSWA, the City of Del Mar is required to direct its franchised hauler to deliver the waste tons the franchised hauler collects in the City to a facility designated by EDCO, which is currently EDCO’s facility in the City of Escondido. However, Waste Management delivers the waste tons it collects in the City of Del Mar to the Palomar Transfer station in the City of Carlsbad. This is because Waste Management and EDCO have a separate business arrangement in which Waste Management is relieved of its obligation to deliver tons to the Escondido facility in exchange for a payment by Waste Management to EDCO of a per ton amount for every ton of waste collected in the City of Del Mar. The City is not party to this arrangement between EDCO and Waste Management.
Any firm that enters into a franchise agreement with the City of Del Mar will be required to comply with the City’s obligations under the RSWA disposal contract. The City cannot guarantee that EDCO will continue its current arrangement with Waste Management, or that EDCO will enter into a similar arrangement with any other firm.
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3.3 Demographic Information
The City of Del Mar has a population of approximately 4,258 and 1,600 single-family and duplex residences. Since 2010, the City’s population has increased by approximately
2.3%. The median household annual income is approximately $122,500, and the median home value is approximately $2 million.
3.4 Current Rates and Fees Paid to the City
The current rates effective for fiscal year 2021 (July 1, 2021 to June 30, 2022) are in Background Document 7. These rates include a franchise fee of ten percent (10%), and a tonnage fee of $3.37 per ton. In addition, Waste Management pays an annual program fee to the City of approximately $116,000.
3.5 Service and Tonnage Information
The service and tonnage information below is based on information reported to the City by Waste Management. The City has not confirmed the accuracy of this information. If the proposer is awarded a franchise agreement to provide service in the City, the proposer’s actual customer service levels, and amount and type of tons collected, may be different, and those differences may be material. By submitting a proposal, the proposer agrees to hold the City harmless from any under-realized revenue or profit incurred by the proposer due to its reliance on this information.
Table 2 below shows the current number of customers by sector.
Table 2 - Accounts by Customer Type
Customer Type Number of Customers
Single-Family 1,606
Multi-Family 27
Commercial 89
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Table 3 and Table 4 show the total tons reported to the City for 2019 and 2020, respectively.
Table 3 – Tons Collected - 2019
Table 4 – Tons Collected – 2020
Included in the rolloff tons above in Table 3 and Table 4 are the rolloff tons collected at no charge from the City’s Public Works Yard. These tons are shown separately further below in Table 6.
Customer Sector Refuse Recyclables Greenwaste Other Total Residential (SFD) 1,395 534 963 2,892
Commercial/Multi-Family 3,361 438 0 3,799
Roll-Off 2,023 41 174 2,238
C&D 107 107
Metal 8 8
Covid -19 Disaster Debris 0 0
Total 6,779 1,013 1,137 115 9,044
Customer Sector Refuse Recyclables Greenwaste Other Total Residential (SFD) 1,588 589 1,045 3,222
Commercial/Multi-Family 3,193 435 0 3,628
Roll-Off 1,216 39 119 1,374
C&D 140 140
Metal 3 3
Covid -19 Disaster Debris 73 73
Total 5,997 1,063 1,164 216 8,440
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3.6 Service Area by Collection Days
Figure 1 below shows the current service areas by collection day.
Figure 1- Service Areas by Collection Day
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4 PROPOSED SERVICE REQUIREMENTS AND KEY CONTRACT TERMS
This section outlines the major service requirements and the key terms of the draft franchise agreement in Attachment 1. If there are differences between the summary of services described in this RFP and the draft franchise agreement, the terms and conditions in the draft franchise agreement shall prevail. The City reserves the right to make changes to the draft franchise agreement prior to entering into a final agreement, but it is anticipated that the final agreement will be substantially similar in form and content.
4.1 Single-family Residential Collection Services
SFR Cart Collection Service - Contractor will provide solid waste, recycling and organics carts of 35, 64, or 96-gallons to all residents. Residents may request the size and number of each size cart. Contractor will be required to furnish kitchen food waste receptacles to single-family customers upon request.
Upon customer request, Contractor will provide additional 35-gallon, 64-gallon or 96- gallon recycling carts at no charge, and provide additional 35-gallon, 64-gallon or 96- gallon organics carts at no charge.
Backyard Service - Residents not desiring to bring their carts to the curb for pickup may request backyard service for an additional charge. The additional charge for backyard service may be waived for residents with documented physical challenges.
Bulky Item Pick-up - Contractor shall provide three (3) free bulky pickups per year, up to five items per pickup. Residents will pay a fee for bulky item collectionsthat exceed three (3) per year.
4.2 Commercial Collection Services
The contractor will be responsible to collect all solid waste placed out for collection by business customers not less than once per week. In compliance with State law, proposer shall provide recycling and organics collection services to commercial customers, in compliance with provisions included in Assembly Bills 341 and 1826, and Senate Bill 1383.
Bin Service - Contractor will be required to provide bin service to commercial customers, and to multi-family customers that use bins. Contractor will provide bin service at least once every week or more frequently, if required, to handle the waste stream. Contractor shall provide 2, 3, 4 and 6 cubic yard bins upon request.
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Commercial Cart Service - Contractor will be required to provide 64-gallon and 96-gallon commercial cart service to commercial customers that do not have space, or do not generate enough waste to use bins.
Recyclables Collection Service - Contractor will be required to provide commercial customers with 2, 3, 4, and 6-yard bins, or 96-gallon carts, for the collection of recyclables.
Organics Collection Service - Contractor will be required to provide commercial customers with 2-yard bins or 96-gallon carts for the collection of organics including food waste and green waste.
Split Bin Collection Service - Contractor will be required to offer commercial customers with 3-yard split bin service for the collection of refuse and recyclables.
Multi-family Bulky Item Pick-up - Contractor will be required to provide up to one (1) bulky item collection per dwelling unit at no charge. Bulky item collections that exceed one (1) per dwelling unit per year may be charged an additional fee.
Temporary Bin Service - Contractor will be required to provide exclusive temporary bin service to all customers requesting such service, including construction and demolition debris collection.
Bin Replacement - Contractor will be required to replace bins upon customer request up to once per year at no additional charge. Contractor may charge a fee for additional bin replacements.
Locking Bins - Contractor may charge for locking bins.
Scout Service - Contractor may charge for a fee for scout service.
Temporary Roll-Off Box Collection – Contractor will be required to provide temporary open-top roll-off box service to all customers that request such service. The rates will include a “per load” rate plus a “per ton” rate equal to the contractor’s actual disposal cost. Contractor shall prevent construction and demolition waste that is suitable for recycling from being taken to the landfill. At least 65 percent of construction and demolition waste must be diverted.
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service. The rates will include a “per load” rate plus a “per ton” rate equal to the contractor’s actual disposal cost.
Recyclables and Organics Roll-Off Service – Contractor will be required to provide rolloff recyclables and organics collection service. The rates will include a “per load” rate plus a “per ton” rate equal to the contractor’s actual processing cost.
4.3 City and Other Services
City Facilities’ Collection - Contractor shall collect and dispose of all solid waste, recyclable materials and yard waste accumulated at premises owned and/or operated by the City at no additional charge (including bulky waste items). Current city facilities are shown below in Table 5. These facilities and service levels may vary over the term of the agreement, with no increase in compensation to the contractor for additional collection services. Contractor will not be required to service individual street, park and beach waste cans. These are collected by City crews. The waste from these cans is deposited in Contractor provided roll-off boxes in the City’s Public Works Facility.
Table 5 - City Facilities
Contractor will be required to provide rolloff service to the City at no charge. Table 6 on the following page shows the rolloff services provided to the City at no charge for 2019 and 2020. These tonnage amounts are also included in the rolloff tons shown in Table 3 and Table 4.
Location
Number of
Containers Container Size Frequency
City Hall 1 3 cubic yard bin Twice a week
City Hall 1 3 cubic yard recycling bin Twice a week
Public Works Yard 1 3 cubic yard bin Once a week
Public Works Yard 1 96 gal recycling cart Twice a week
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Table 6 – Rolloff Service Provided to City at No-charge Abandoned Item Collection - Contractor shall collect items abandoned in the public rightof- way within 24 hours of notification by the City at no additional charge.
City Sponsored Events - Contractor shall provide solid waste and recycling collection service at up to ten (10) City designated events each year at no additional charge. This service will include providing containers to collect and dispose of all solid waste and recyclables, (cardboard disposal boxes and liners, refuse bins and/or roll-off boxes), and disposing or processing of all collected material. The types of events are typically one-day street fairs or evening concerts.
Fuel Reduction Program - Contractor shall provide collection services in support of the City’s annual Fuel Reduction Program. This program entails public cleanup events in which residents create defensible space by clearing brush from around their property.
This occurs within a two-week period designated by the City. Contractor shall provide 3- yard green waste bins at various locations in the City as requested by residents to accommodate cleanup of weeds and brush.
Procurement Requirements – Contractor will be required to agree to adopt and implement a recycled content purchasing policy. Contractor will also be required to provide up to three hundred (300) cubic yards of mulch for use in City parks and City facilities. Mulch delivered in the mulch give-away program will count toward the threehundred (300) yard mulch procurement requirement.
Mulch Give-away Events – Contractor will be required to conduct three mulch giveaway events each year. Mulch provided to residents at these events will be counted toward the Contractor’s three hundred cubic yard procurement requirement.
Loads Tons Loads Tons
Public Works Yard 40 yard roll-off (MSW) 172 518 165 453 Public Works Yard 40 yard roll-off (RECY) 32 30 48 38
Public Works Yard 40 yard roil-off (Green Waste) 24 163 17 116 Total 228 711 230 607
2019
Location Container Size
2020
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Del Mar Recycles Events
Each year, Contractor shall facilitate two events to which City residents and businesses can bring confidential materials for shredding. All shredded materials must be recycled.
Customers will each be limited to 3 standard office storage boxes. During the bi-annual shred event contractor shall also accept and collect:
• Compact Florescent Bulbs
• Used Batteries (all types)
• Sharps
• Medication (residents only, non-controlled only)
4.4 Key Contract Terms
A comprehensive description of contract terms is found in the draft franchise agreement.
Below are some key terms.
Contract Term
The term of the agreement will be for a period of ten (10) years beginning July 1, 2022.
The City shall have the sole right to extend the term of this Agreement for an additional five-year period beginning July 1, 2032.
Fees Paid to the City
1. One-time Administrative Fee - Upon execution of the franchise agreement, contractor will be required to remit to the City a one-time administrative fee of $115,000.
2. Franchise Fee - Contractor will be required to pay a franchise fee equal to 10 percent (10%) of the contractor’s gross receipts from its collection services provided in the City.
3. Annual Funding of City Programs - Contractor will be required to pay annually to the City an amount equal to $150,000 to reimburse the City for the cost of solid waste programs and SB 1383 compliance. Thise amount will be adjusted each year by the same percent that the rates are adjusted.
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Education and Public Awareness
The City intends to enhance public education efforts particularly for commercial and multi-family customers.
Insurance Requirements
The draft agreement requires the contractor to maintain minimum insurance levels. See Section 11.8 for the minimum limits of insurance for general liability, automobile liability and workers compensation.
Performance Bond
Contractor will be required to provide a $300,000 performance bond (or letter of credit).
Diversion Rates
The City’s contractor will ensure that the City meets all AB 939 diversion mandates and will provide a plan and programs to help the City work toward achieving Zero Waste (95 percent diversion by 2035).
Collection Vehicle Requirements
Contractor shall use vehicles that are clean, well maintained, and have an as-new painted appearance.
Dedicated Routes
Given the small size of the City of Del Mar, the City does not require that routes be dedicated entirely to the City. However, the City does require accurate tracking of tonnage.
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5 PROPOSAL SUBMITTAL REQUIREMENTS
This section describes the information that proposers must include in their proposals.
Failure to provide all the required information may result in rejection of a proposal.
5.1 Required Proposal Format/Checklist
Description Completed
Title Page
Cover Letter and Executive Summary
Proposer Information
Business Structure
Municipal Collection Experience
Key Personnel
Service Transition Experience
Litigation History and Regulatory Compliance
Safety Record
Financial Information
Technical Proposal
Collection Services
Billing and Customer Service
Customer Education and Outreach
Service Implementation Plan
Disposal and Processing Facilities
Operating Facilities
Optional Innovative Programs
Optional Additional Information
Subcontractors
Exceptions to Draft Franchise Agreement
Rate Proposal Forms
5.2 Cover Letter / Executive Summary
Provide a cover letter that will serve as an executive summary of the proposal. The cover letter should include:
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1. The name, title, address, telephone, and e-mail of the key contact person. The cover letter must be signed by an officer who is duly authorized to bind the proposer.
2. A written statement warranting that the proposer has reviewed the draft agreements, the RFP, and all of its addenda; and has conducted all necessary due diligence to investigate and confirm the material facts upon which the proposal is based.
3. A written statement acknowledging the validity of the proposed terms and rates for a period of 180 days after the submission deadline.
4. A brief executive summary of the most significant attributes of the proposal, and the unique qualifications that distinguish the proposer from its competitors.
5.3 Proposer Information
5.3.1 Business Structure
Provide information about the entity with which the City will enter into an agreement, including the following information.
1. Identify the legal entity that would execute the franchise agreement(s). State whether the entity is a sole proprietorship, partnership, or corporation. If the entity is a corporation, identify the state and year of incorporation.
2. Indicate whether the entity is a subsidiary of another legal entity. If so, describe the corporate structure.
3. If proposer is a corporation, provide a copy of the corporation’s “Certificate of Good Standing” with the State of California or state of incorporation and the most recent “Statement by Domestic (or Foreign) Stock Corporation” as filed with the California Secretary of State or state of incorporation. If Proposer’s most recent Statement has only the “No change in information” box checked, the Proposer must also submit the most recent endorsed “Statement of Information”, which includes a list of corporate officers.
4. Provide all the names of entity’s owners or shareholders with greater than a 10% ownership share.
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5.3.2 Municipal Collection Experience
Describe the proposer’s experience providing solid waste collection services to jurisdictions in Southern California. Provide reference information from a minimum of three (3) local jurisdictions. The description for each jurisdiction should include:
1. The name of the jurisdiction, the year service was first begun, and term of the agreement.
2. Whether the service is exclusive or non-exclusive.
3. The customer sector(s) served (residential, commercial, etc.).
4. The type of service provided (e.g., automated, etc.).
5. The name, address, and telephone number of the jurisdiction representative responsible for administering the agreement.
6. A summary of the annual amount and type of materials collected in the jurisdiction in a schedule similar to Table 7:
Table 7 – Material Type by Customer Sector
5.3.3 Key Personnel
Provide an organization chart for key personnel and brief descriptions of the qualifications and experience of the individuals who will administer the franchise agreement including the:
1. General Manager
2. Chief Financial Officer
3. Operations Manager
4. Route Supervisor
5. Customer Service Manager
Material Type
Single-family
Residential
Commercial and
Multi-family Roll-Off Other Total
Recyclables
Organics
Refuse
Other
Total Material Collected
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6. City Reporting Specialist
7. Public Outreach Coordinator
5.3.4 Service Transition Experience
Provide a minimum of three (3) reference jurisdictions in Southern California for which the proposer has initiated a new collection contract or new collection services. Include the following for each jurisdiction:
1. The name of the jurisdiction and the month and year of the service transition.
2. A description of the new services (i.e., rollout of new carts/bins, takeover of previous service provider, etc.).
3. The name, address, phone number, and email of the jurisdiction representative responsible for overseeing the service transition.
4. The number of single-family, multi-family, and business customers involved in the transition.
5. Any notable challenges that occurred during the service transition, and the solutions implemented to address those challenges.
5.3.5 Litigation History and Regulatory Compliance
Provide information about the proposer’s litigation history and regulatory compliance record. For the entity that will provide service to the City of Del Mar, proposers must disclose:
1. Any and all past or pending litigation involving the proposer and a jurisdiction or other government agency in California within the last five (5) years. For each case, provide name of the case, the court of jurisdiction, a description of the issue, the status of the case (e.g., pending, settled, judgment for defendant, etc.), and the case reference number. Proposers may include any mitigating facts or circumstances.
2. Any and all past or pending civil and criminal actions (including arrests, indictments, litigation, grand jury investigations, etc.) within the last five (5) years against the proposer, or any owners, officers, or key personnel (as identified by the proposer in this RFP) that were (or are) filed in federal or state courts in California.
Proposers may include any mitigating facts or circumstances.
3. Any and all notices of violations, corrective action notices, enforcement actions, or permit violation notices that the proposer received in the past five (5) years from Attachment C 174 February 22, 2022 Item 09
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public agency for any maintenance, processing, transfer, or disposal facilities in San Diego County, which are owned or operated by the proposer, or its affiliates.
Proposers may include any mitigating facts or circumstances.
5.3.6 Safety Record
Provide information about the proposer’s safety record. For the entity that will provide service to the City of Del Mar, proposers must provide:
1. The proposer’s most recent Complete SMS Profile from the Safety Measurement System administered by the US Federal Motor Carrier Safety Administration (FMCSA). This should include the proposer’s BASIC score.
2. For the fleet maintenance facility that will service the vehicles used in the City, the proposer’s safety compliance reports prepared under the CHP’s Basic Inspection of Terminal (BIT) program for the most recent two years. If the proposer’s terminal has not been inspected due to a satisfactory safety history, provide a statement to that effect and supporting documentation from the CHP.
3. The most recent workers compensation annual rating endorsement (or other insurance document) that shows the proposer’s most recent workers compensation Rating Plan Modifier (also known as an ‘experience modification factor’).
5.3.7 Financial Information
Provide at least one of the following:
1. Financial statements for the most-recently completed fiscal year for the legal entity that would execute the franchise agreement. Proposers that operate on a nationwide basis may submit the financial statements of their parent company.
However, if the proposer is a wholly owned corporation of a nationwide company, the City may require a parental guarantee as part of any franchise agreement. In the event that any proposer believes that their financial statements constitute “confidential information,” the proposer shall note “CONFIDENTIAL” on each page of the financial statements, or;
2. A confirmation letter from a commercial bank signed by an officer of the bank stating that the entity that would execute the franchise agreement has available liquid assets, credit capacity, or an unencumbered line of credit, of at least $10 million.
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5.4 Technical Proposal
In its technical proposal, the proposer should describe how it will perform its collection operations for the services for which it is submitting a proposal.
5.4.1 Collection Services
Describe how the proposer plans to perform each service. Include the following information, and any additional information that will help the City understand how the proposer will conduct its collection operations.
1. Collection methodology – describe how the proposer will perform its collection services. For example: Will the same vehicles be used to collect all types of material (refuse, recyclables, organics) at different times of the day, or will three separate vehicles be used to each type of material? How many days per week will the proposer’s vehicles operate in the City? Will the proposer use any special methods for collecting any hard-to-serve areas such as narrow or steep streets? Will the proposer use light-duty trucks to pre-position bins (e.g., ‘scout’ or ‘hustler’ service)?
2. Personnel – describe the crew size for each type of collection service; describe the minimum qualifications, experience, and training required of drivers who will work in the City; describe any special licensing, certifications (CPR, etc.) required of drivers; describe the proposer’s ongoing safety training. Provide a brief description of the proposer’s recruiting and disciplinary policies with regard to safety.
3. Vehicles – describe the vehicles to be used in the City (e.g., side-loader, frontloader, light-duty vehicles, etc.); describe the age and manufacturer of the cab and chassis, and the body for the vehicles used in the City; include photos of the different types of vehicles to be used in the City; include the type of fuel used for each type of vehicle; describe the emission control technology and how vehicles will comply with state and local air quality regulations.
4. Bins/Containers – describe the number, types, age and sizes of containers to be used for each type of service.
5. Technology/Innovative Programs – describe any uniquely innovative programs or technology proposed for use in Del Mar by the proposer such as route optimization, waste diversion program or on-board cameras.
5.4.2 Billing and Customer Service
Describe the proposer’s billing and customer services procedures:
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1. Describe how the proposer will develop the necessary customer service and billing data at the start of services. Such a description shall include the proposer’s approach for obtaining email addresses for paperless billing, identifying service needs, and process for auditing and verifying the accuracy of data in the Contractor’s system; and,
2. Describe its procedures for dealing with customer service, with regard to customer billing demands, during the transition and throughout the term of the new franchise agreement.
5.4.3 Customer Education and Outreach
Each proposer shall develop a public education plan, which will ultimately be included to the new franchise agreement. While the City encourages each proposer to use their own knowledge and expertise to develop the proposed public education plan, the City requests that each proposed plan describe the following:
1. Public education programs that will be used to educate single-family, multi-family, and commercial customers about recyclable and organics collection programs;
2. Plans for complying with the education and outreach requirements of AB 341, AB 1826 and SB 1383;
3. The strategy for developing and using a website specific to the City to provide customers with access to service information, rates, and other public education information;
4. The approach to non-collection and courtesy noticing, including sample noncollection and/or courtesy notices, and noting that the City encourages proposers to utilize innovative and proactive strategies for using such notices as public education opportunities;
5. The strategy for communicating with customers how to properly dispose of household hazardous waste, sharps, and other difficult-to-handle materials;
6. The number of employees, their job functions, and number of hours per week that will be devoted to the promotion and maintenance of collection services in the City;
7. Samples of similar educational materials, which may have been used in other programs, particularly those related to recyclable materials collection and food scraps collection programs; and
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8. Other aspects or unique features of the proposed public education and outreach plan.
5.4.4 Service Implementation Plan
Provide a detailed implementation plan describing the proposer’s approach to facilitating a smooth transition to all services. The proposal must clearly describe the proposer’s ability to implement the services in accordance with the schedule shown in Table 1. This should include how the proposer will meet the equipment, personnel, administration, maintenance, and public education requirements.
5.4.5 Disposal and Processing Facilities
Identify in their proposals the processing facilities they plan to use for the:
1. Processing of the commingled recyclables.
2. Processing of yard waste.
3. Processing of food waste.
4. Disposal of refuse.
For each facility, please identify the following:
1. The name and location of the facility, and the one-way distance from the City of Del Mar.
2. A description of the relationship between the proposer and the facility (owner/operator, non-affiliated third-party, etc.).
3. The material to be processed (yard waste, commingled recyclables, mixed waste, etc.).
4. The tipping fee per ton.
If the facility to which the proposer plans to deliver refuse is not the EDCO facility in Escondido (required by RSWA disposal contract), describe the business arrangement that will enable the proposer to use an alternate facility and still enable the City to fulfill its RSWA obligations.
5.4.6 Operating Facilities
Proposers must provide information about the operating facilities that they plan to use, including:
1. Location for parking and maintenance of vehicles and containers.
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2. Location of office used for customer service, public relations, billing, and franchise administration.
3. Other operating facilities to be used in providing service to the City of Del Mar.
The City has available a 1.2 acre area in its Public Works yard which is currently leased by Waste Management for bin storage. The City also uses a portion of this same yard as a staging area for various contractors on as-needed basis. This arrangement has worked well thus far, and the City anticipates that it could be continued if desired.
5.4.7 Optional Innovative Programs
The City expects that the problem of used and discarded solar panels will become more of an issue in the future. As a result, the City is interested in receiving potential solutions on how the proposer would handle discarded solar panels.
5.4.8 Optional Additional Information
The proposer is welcome to provide any other additional information it would like the City to consider, or offer any enhancement(s) to the scope of service or contract terms.
5.4.9 Subcontracting
Identify by name and describe any major aspect of services to be performed by subcontractors.
5.5 Exceptions to Draft Franchise Agreement
The purpose for including the draft franchise agreement is to provide a clear understanding of the rights and obligations of the contractor and the City; however, the City reserves the right to modify the draft franchise agreement prior to entering into a final agreement with the selected proposer. The proposer is required to review the draft franchise agreement prior to submittal of its proposal.
If a proposer desires to modify the franchise agreement, the proposer must document any proposed modifications in its proposal. For each modification, the proposer shall identify the modification (cite the section reference in the draft agreement), explain its concern, and provide alternative language for consideration by the City. Any significant proposed modifications to the franchise agreement may result in a lower score or rejection of the proposal as non-responsive. If the proposer has no proposed modifications to the franchise agreement, it should provide a statement to that effect in its proposal.
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The City will assume that the proposer accepts and agrees to all provisions of the draft franchise agreement that have not been noted as exceptions in the proposal. If the City chooses to enter into negotiations with a proposer, the City will not consider revisions or changes beyond those modifications submitted in the proposal, with the exception of modifications to the agreement made after proposals are submitted. Any requested revisions or changes for such modifications will be handled through negotiations on a final agreement.
5.6 Rate Proposal Forms
Rate proposal forms are included in Attachment 2. A corresponding Excel workbook will be provided to all registered proposers. Detailed instructions on completing the forms are included within the forms. Proposers are required to submit all of the forms for each service sector.
Proposers must include printed hard copies of the completed rate proposal forms in their proposal. Proposers must also include an electronic copy of the Excel workbook of the completed rate proposal forms on the thumb drive they submit with their PDF copy of their proposal.
All proposed rates must include the cost of franchise fees, administrative fees, program fees and all other costs related to providing service under the terms of the draft franchise agreement.
In Table 2 of Form 4 (Commercial and Multi-family Refuse Bin Service Rates), there are not bins at every level of service. Nevertheless, proposers must enter proposed rates for every level of service regardless if there is a corresponding number of bins at that level of service. Proposers must propose a schedule of cart and bin rates that are internally consistent on a per gallon and per-cubic-yard basis. Each proposer’s schedule of proposed commercial cart and bin rates will be evaluated on a rate-per-gallon, and rateper-cubic-yard basis.
The City has established that rates for Commercial and Multi-family Recyclables and Organics Collection service will be 85% of the rate for a similar level of refuse collection service. Therefore, in Form 5 (Commercial and Multi-family Recyclables Bin Rates), and in Form 6 (Commercial and Multi-family Organics Bin Rates), the proposed rates will be automatically calculated such that the proposed rates in Forms 5 and 6 for cart and bin service will be 85% of the proposed rates entered in Form 4. The only exceptions will be the rates for locking bin service and scout service. The rates for these two services will be the same asthe locking bin and scoutservice ratesfor refuse collection service entered Attachment C 180 February 22, 2022 Item 09
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in Form 4. All of the rates in Forms 5 and 6 are automatically calculated. As a result, proposers are not required to enter any information in Forms 5 or 6.
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6 EVALUATION CRITRIA
The City will select the proposer deemed to be capable of delivering the best value for the City. The City intends to evaluate proposals based on, but not limited to, the evaluation criteria outlined below.
6.1 Evaluation Criteria
6.1.1 Safety Record
1. The proposer’s SMS Profile and BASIC score assigned by the FMCSA.
2. The proposer’s rating under the CHP BIT program.
3. The proposer’s workers comp experience modification factor.
6.1.2 Customer Service
1. Technical proposal demonstrates that it will effectively perform the collection and disposal requirements of the agreement.
2. References demonstrate the proposer’s experience in providing services of a similar type and scope to those requested by the City.
3. Proposal enhancements that distinguish the technical proposal from others proposers.
6.1.3 Financial Capability
1. Proposer has the financial resources to fund the initial capital expenditures and the working capital to finance ongoing operations.
6.1.4 Technical Proposal
1. Demonstrated understanding of the scope of services to be performed and a logical, proven methodology for carrying out the work tasks described in the scope of work.
6.1.5 Waste Diversion Experience and Commitment to Sustainability
1. The proposer’s demonstration of recycling services provided to customers in other jurisdictions, as well as organics management capability. Proposed approach and services are in alignment with the City’s Climate Action Plan goals.
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6.1.6 Key Personnel
1. Background of individual key team members provide proven technical, operational, and managerial experience needed to oversee the proposed services?
2. Personnel listed in the proposal specify an adequate amount of time dedicated to servicing the new agreement.
6.1.7 Transition
1. The proposed method of transition and experience performing transitions.
6.1.8 Litigation and Regulatory Compliance
1. Any litigation or complaints and/or regulatory compliance issues relative to operational performance and safety, and involving refuse collection services with a City or other public agency.
6.1.9 Exception to the Terms and Conditions
1. The number and nature of the exceptions to the draft franchise agreement.
6.1.10 Cost and Value
1. The proposed costs and rates to provide the requested services.
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88 RFP for Solid Waste, Recycling, and Organics Collection Services Service Implementation Plan
EDCO strongly believes that a comprehensive and focused City of Del Mar specific plan must be put in place to facilitate a smooth transition to a new hauler. This effort must be executed by a local, experienced and cohesive team, which should be a critical consideration in the evaluation process for the City of Del Mar in selecting its next service provider.
As such, EDCO provides the City of Del Mar with the most experienced transition team of any proposer to this RFP, with over 450 combined years of industry knowledge and 360 of innovative, localized EDCO experience. Whether a full franchise transition in the City of El Cajon, new program implementation in automating Organics in Solana Beach or converting major local contracts such as UCSD, SDSU or the Port of San Diego, EDCO provides the most tenured, dedicated and committed team within the region. In addition, EDCO further commits to invest the full resources of the entire company to ensure a smooth transition for the City of Del Mar.
The timeframes represented assume that the City of Del Mar will formally enter into contract with EDCO in February, 2022. Assuming a July 1, 2022 start date, this allows up to a five month window for service transition preparation and execution. It is important to note that EDCO completed the City of El Segundo transtion in three months in 2019.
In order to ensure the City is kept fully apprised, EDCO proposes to meet with the City on a weekly basis through July, 2022. These meetings are to overview preparation plans and may be adjusted as deemed appropriate by City staff. EDCO attendees will include various member of the Key Personnel and will be regularly attended by the President, Senior Vice President, General Manager, Director of Operations and the designated Del Mar Public Outreach Coordinator.
EDCO believes the current hauler will professionally respond to reasonable requests for information upon request, as well as assisting in a smooth transition. As identified in this document, EDCO and the current service provider have previously worked cooperatively in the service transition for the City of El Cajon (2021), City of Solana Beach (2018 acquisition of residential), City of Rancho Palos Verdes (2009), as well as several other situations. Should this not be the case EDCO will obtain all data independently and in a timely manner that does not impact the transition schedule.
EDCO also proposes to fully implement the exchange of residential carts rollout of the residential automated conversion over a one week period.
In order to ensure that residents are never without containers, EDCO proposes to work cooperatively with the existing hauler to both deliver and coordinate removal of both carts and bins on the same day.
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89 RFP for Solid Waste, Recycling, and Organics Collection Services In order to address any unanticipated issues that arise, EDCO will deploy a dedicated Hot Shot team to immediately create real time operational solutions in the delivery and removal process.
Deployment of the Hot Shot team eliminates concern for the combined delivery and removal of over 10,000 carts in the City of Del Mar and is an example of insight gained through multiple transitions.
For residential, this will require delivery of three carts (trash, commingled recycling and organic waste) to approximately 321 homes per day (964 total carts delivered and removed per day). Assuming cooperation, the residential cart exchange will start on Monday, June 20, 2022 and continue through Friday, June 24, 2022, thus allowing for all equipment to be in place on the July 1, 2022 conversion date For commercial and multi-family bin customers and assuming cooperation from the existing provider, the exchange process will start on Monday, June 27, 2021 and continue through Wednesday, June 29, 2022.
As an additional benefit to the City of Del Mar, EDCO proposes to offer to retain the employees of the current contractor. Please note that as an added benefit, EDCO will honor the seniority earned at the current City of Del Mar provider for those employees that choose to join us.
With these assumptions in mind, EDCO will implement the following conversion plan:
February, 2022
Agreement executed between City of Del Mar and EDCO. At that time, EDCO submits required payment of $115,000 one-time Administrative Fee. Conduct a series of internal meetings with Operations/Maintenance/Container Support/Field Service Representatives and Customer Service Representatives to review detailed aspects of the scope of services. Further awareness of the proposal and stimulate additional enhancements within all areas of the company. Commence detailed weekly meeting with designated City staff. Meet with existing hauler to determine what levels of information, such as billing, service levels, etc., will be available for review. Should none be available, EDCO will proceed to obtain all information independently via field visits. Determine coordination options of existing bins and carts from current provider. Create an equipment exchange plan that ensures all sectors always have containers and seamlessly exchanged.
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90 RFP for Solid Waste, Recycling, and Organics Collection Services chassis and bodies to the City of Del Mar and secure new replacement orders. EDCO joins Chamber of Commerce, service clubs and pursues other community activities to create public awareness of transition, stimulate personal interaction and accessibility.
Place order for new automated carts and bins for June, 2022 delivery. Backfill with existing orders if needed.
March, 2022
Commence detailed field audit of all current waste and recycling collection services by EDCO route surveyor. All service addresses and respective collection levels are recorded and later entered into EDCO’s billing/routing system. Process is anticipated to take a total of two weeks.
Commence preparation of all point of contact public education material and web page production. City to review all material prior to final printing. Initiate hiring process for new customer service representative to allow adequate training, program familiarity
Drafts of all public education material presented to the City for review. Routing completed
Secure location and schedule for community meetings in May-June. Create focused video for City of Del Mar transition.
EDCO Director of Safety conducts detailed safety assessment of all proposed routes. Secure temporary staging yard for cart construction and delivery base. Initiate Displaced Employee period for current providers who wish to join EDCO. City approves all public education material.
April, 2022
Del Mar web page activated on EDCO web site, including transition video. EDCO presents detailed routing to the City.
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91 RFP for Solid Waste, Recycling, and Organics Collection Services First general overview public education piece mailed to all commercial establishments to serve as an introductory to commencement of site visits Commence personalized site visits with all commercial establishments to overview service levels and source separated recycling opportunities. Conclude Displaced Employee period and identify necessary additional personnel requirements. Commence internal re-structuring to place existing personnel into Carlsbad.
Initiate driver hiring process as needed for any openings not filled by displaced employees.
Create Del Mar specific focused video outlining Wrap the Scrap, how to effectively move organics from the kitchen to the carts.
First general overview public education piece with May-June community meeting schedule mailed to all single family and multi-family residential units. Commence personalized site visits with all multi-family units to overview service levels and source separated recycling opportunities.
Conduct a minimum of four public workshops in April-May regarding the transition at various times, locations and days to maximize outreach opportunities. Conduct presentations at Homeowner Associations, mobile home parks, service clubs, community events, etc.
Complete new hire orientation program as well as full, detailed safety program initiation for all operational new hires.
May, 2022
Second direct mail general information piece on single family residential service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow to all single family residential units. Second direct mail general information piece on commercial service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow to all commercial establishments.
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92 RFP for Solid Waste, Recycling, and Organics Collection Services Second direct mail general information piece specific to multi-family residential service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow.
Third direct mail piece containing detailed service guidelines mailed to all single family residential customers in late May, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) Special emphasis placed on commingled recycling program for residential service, special services and alternative cart sizes.
Third direct mail piece containing detailed service guidelines mailed to all multi-family residential customers in late May, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) Special emphasis placed on commingled recycling program to maximize participation.
Third direct mail piece containing detailed service guidelines mailed to all commercial establishments, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) June, 2022
Accept delivery of new chassis/body combinations.
Accept delivery of new automated carts and commence assembling at nearby staging area.
Deliver new bins to all locations utilizing EDCO support crews from around Southern California. Execute exchange plan so that no customer is left without a bin. Commence City awareness program for drivers that allows for each route day to have been driven at least five times in advance of conversion date. Fourth direct mail piece identifying start of service dates, special services and references to the comprehensive and localized EDCO web site to all single family residential units. Fourth direct mail piece identifying start of service dates, special services and references to the comprehensive and localized EDCO web site to all multi-family units. Fourth direct mail piece identifying start of service dates, increased diversion opportunities, mandates and references to the comprehensive and localized EDCO web site to all commercial customers.
Attachment D 188 February 22, 2022 Item 09
On the Road to Zero Waste
93 RFP for Solid Waste, Recycling, and Organics Collection Services Complete delivery of new carts to all single family residential with additional Public Ed hanging tags.
Complete delivery of new bins to all commercial and multi-family customers with additional Public Ed hanging tags.
July, 2022
EDCO will commence services on Friday, July 1st. Full standby crews at EDCO await for supplemental support, including temporary crews from other locations. Additional customer service representatives stationed at San Diego operation to handle any telephone overflow.
Fifth direct mail piece including initial quarterly edition of the Environmental Times newsletter, along with supplemental information and guidelines to single-family residential customers included with initial billing.
Sixth direct mail piece, a follow-up postcard at the start of the third week of service, reminds residents how to contact EDCO, bulky item collection services, HHW, special events and proper cart placement.
Meet with City to review implementation and current level of activities.
August, 2022
Initial commercial and multi-family billing, including options for electronic payment. Initial permanent service roll-off billing.
Initial monthly report submitted by EDCO to the City of Del Mar. Meet with City to review implementation and current level of activities.
Ongoing
Submit Monthly, Quarterly and Annual Reports to City of Del Mar. Submit Annual Funding of City Programs payments to City of Del Mar. Fulfill balance of terms and conditions of Franchise Agreement. Meet with City to review any issue associated with the performance of this Agreement.
Attachment D 189 February 22, 2022 Item 09
On the Road to Zero Waste
94 RFP for Solid Waste, Recycling, and Organics Collection Services Most importantly, EDCO believes that the extensive initiation experience obtained in other jurisdictions has provided detailed guidelines for successful conversions that place the company in a unique position to transition the City of Del Mar. The full resources of EDCO will be invested in the City of Del Mar receiving a smooth, professional transition based on a “We’ll Take Care of It” approach to customer service.
EDCO looks forward to discussing any additional input the City or its consultant may have in providing a smooth transition.
Attachment D 190 February 22, 2022 Item 09
Agreement executed between City of Del
Mar and EDCO. At that time, EDCO submits
required payment of $115,000 one-time
Administrative Fee.
Conduct a series of internal meetings with
Operations/Maintenance/Container
Support/Field Service Representatives and
Customer Service Representatives to review
detailed aspects of the scope of services.
Further awareness of the proposal and
stimulate additional enhancements within
all areas of the company.
Commence detailed weekly meeting with
designated City staff.
Meet with existing hauler to determine
what levels of information, such as billing,
service levels, etc., will be available for
review. Should none be available, EDCO will
proceed to obtain all information
independently via field visits.
Determine coordination options of existing
bins and carts from current provider. Create
an equipment exchange plan that ensures
all sectors always have containers and
seamlessly exchanged.
Re-assign existing orders for new Renewable
Natural Gas powered alternative fuel chassis
and bodies to the City of Del Mar and secure
new replacement orders.
EDCO joins Chamber of Commerce, service
clubs and pursues other community
activities to create public awareness of
transition, stimulate personal interaction
and accessibility.
Place order for new automated carts and
bins for June, 2022 delivery. Backfill with
existing orders if needed.
Month
1 February
Commence detailed field audit of all current
waste and recycling collection services by
EDCO route surveyor. All service addresses
and respective collection levels are
recorded and later entered into EDCO’s
billing/routing system. Process is
anticipated to take a total of two weeks.
Commence preparation of all point of
contact public education material and web
page production. City to review all material
prior to final printing.
Initiate hiring process for new customer
service representative to allow adequate
training, program familiarity
Drafts of all public education material
presented to the City for review.
Routing completed
Secure location and schedule for
community meetings in May-June.
Create focused video for City of Del Mar
transition.
EDCO Director of Safety conducts detailed
safety assessment of all proposed routes.
Secure temporary staging yard for cart
construction and delivery base.
Initiate Displaced Employee period for
current providers who wish to join EDCO.
City approves all public education material.
Month
2 March
Del Mar web page activated on EDCO web
site, including transition video.
EDCO presents detailed routing to the City.
First general overview public education
piece mailed to all commercial
establishments to serve as an introductory
to commencement of site visits
Commence personalized site visits with all
commercial establishments to overview
service levels and source separated
recycling opportunities.
Conclude Displaced Employee period and
identify necessary additional personnel
requirements. Commence internal restructuring to place existing personnel into Carlsbad.
Initiate driver hiring process as needed for
any openings not filled by displaced
employees.
Create Del Mar specific focused video
outlining Wrap the Scrap, how to effectively
move organics from the kitchen to the
carts.
First general overview public education
piece with May-June community meeting
schedule mailed to all single family and
multi-family residential units.
Commence personalized site visits with all
multi-family units to overview service levels
and source separated recycling
opportunities.
Conduct a minimum of four public
workshops in April-May regarding the
transition at various times, locations and
days to maximize outreach opportunities.
Month
3 April
Second direct mail general information piece on single family residential service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow to all single family residential units.
Second direct mail general information piece on commercial service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow to all commercial establishments.
Second direct mail general information piece specific to multi-family residential service transition, including letter from City Manager or designee, identifying conversion date and that additional information will follow.
Third direct mail piece containing detailed service guidelines mailed to all single family residential customers in late May, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) Special emphasis placed on commingled recycling program for residential service, special services and alternative cart sizes.
Third direct mail piece containing detailed service guidelines mailed to all multi-family residential customers in late May, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) Special emphasis placed on commingled recycling program to maximize participation.
Third direct mail piece containing detailed service guidelines mailed to all commercial establishments, including information on diversion programs, temporary services, construction service and special programs, (bulky item collection, etc.) May Month
4 Attachment D 191 February 22, 2022 Item 09
Accept delivery of new chassis/body
combinations.
Accept delivery of new automated carts and
commence assembling at nearby staging
area.
Deliver new bins to all locations utilizing
EDCO support crews from around Southern
California. Execute exchange plan so that no
customer is left without a bin.
Commence City awareness program for
drivers that allows for each route day to
have been driven at least five times in
advance of conversion date.
Fourth direct mail piece identifying start of
service dates, special services and
references to the comprehensive and
localized EDCO web site to all single family
residential units.
Fourth direct mail piece identifying start of
service dates, special services and
references to the comprehensive and
localized EDCO web site to all multi-family
units.
Fourth direct mail piece identifying start
of service dates, increased diversion
opportunities, mandates and references
to the comprehensive and localized EDCO
web site to all commercial customers.
Complete delivery of new carts to all single
family residential with additional Public Ed
hanging tags.
Complete delivery of new bins to all
commercial and multi-family customers
with additional Public Ed hanging tags.
Month
5 June
EDCO will commence services on Friday,
July 1st. Full standby crews at EDCO await
for supplemental support, including
temporary crews from other locations.
Additional customer service representatives
stationed at San Diego operation to handle
any telephone overflow.
Fifth direct mail piece including initial
quarterly edition of the Environmental
Times newsletter, along with supplemental
information and guidelines to single-family
residential customers included with initial
billing.
Sixth direct mail piece, a follow-up postcard
at the start of the third week of service,
reminds residents how to contact EDCO,
bulky item collection services, HHW, special
events and proper cart placement.
Meet with City to review implementation
and current level of activities.
Month
6 July
Initial commercial and multi-family billing,
including options for electronic payment.
Initial permanent service roll-off billing.
Initial monthly report submitted by EDCO to
the City of Del Mar.
Meet with City to review implementation
and current level of activities.
Month
7 August
Submit Monthly, Quarterly and Annual Reports to City of Del Mar.
Submit Annual Funding of City Programs payments to City of Del Mar.
Fulfill balance of terms and conditions of Franchise Agreement.
Meet with City to review any issue associated with the performance of this Agreement.
Ongoing
Attachment D 192 February 22, 2022 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Beth Murray, Senior Management Analyst
Clem Brown, Environmental Sustainability/Special Projects Manager Kristen M. Crane, Assistant City Manager
Via Ashley Jones, City Manager
DATE: February 22, 2022
SUBJECT: Approval of the 2022 Legislative Policy Guidelines and Resolution in Opposition of State Ballot Initiative 21-0042A1
REQUESTED ACTION/RECOMMENDATION:
Staff requests that the City Council review and approve the proposed changes to the City’s Legislative Policy Guidelines (Attachment A) and approve a Resolution opposing Initiative 21-0042A1, the State ballot initiative restricting voters’ input and local taxing authority (Attachments B).
BACKGROUND
In 2011, the City Council adopted Legislative Policy Guidelines (Guidelines) to allow the City to take appropriate positions on state and federal legislative and administrative issues that affect the City of Del Mar. The Guidelines intend to comprehensively identify and memorialize the City’s position on a broad spectrum of issues. The Guidelines are brought forward to the City Council annually for review early in the calendar year. The most recent revisions to the Guidelines were adopted on February 16, 2021 and amended on May 17, 2021 to reaffirm the Council’s position on transportation related matters.
The Guidelines assist the City Council in representing the City in state and federal advocacy and provide guidance to Council Members who may be called upon by regional, state, and federal officials, or their staff, to represent the City of Del Mar on a wide range of policy issues.
The Guidelines allow the City Council to take the following actions:
Bring forward a proposed revision to the Guidelines (by two Council Members); Advocate in support or opposition of legislation in accordance with the Guidelines; Take a position on a matter in accordance with the Guidelines; 1 February 22, 2022 Item 10
City Council Agenda Report
2022 Legislative Policy Guidelines & Opposition to Initiative 21-0042A1 February 22, 2022
Represent the City on issues outlined in the Guidelines; Bring periodic updates to Council on important legislative issues; and/or Seek support for City policy at all levels of the federal and state government, including administrative departments.
For issues not addressed in the Guidelines, or if there are mitigating factors where the City Council may want to take a position different from those indicated in the Guidelines, the issue shall be considered by the entire City Council for direction.
DISCUSSION/ANALYSIS
Proposed Changes to the Council Legislative Guidelines
In preparation for the approval of the 2022 Guidelines, staff sought feedback from City staff; the City’s legislative affairs consultant, Townsend Public Affairs (TPA); and the City Council. Based on feedback from TPA and City Council, proposed redline revisions have been made to the Guidelines as shown in Attachment A.
Staff is recommending to include language that emphasizes the City’s opposition to ministerial approval of housing development projects without adequate input from local agencies or a robust public engagement process.
In addition, staff seeks City Council direction on whether to incorporate the following positions into the guidelines as recommended by TPA.
1. Support efforts to strengthen, modernize, and provide funding for local emergency response and preparedness capacities.
2. Support ongoing investments from the State and Federal governments to allow the City to effectively respond to public health emergencies.
3. Support legislation and budgetary measures that provide funding for local governments to beautify their communities and remove trash and debris.
In addition to the proposed redline revisions included in Attachment A, Mayor Worden submitted questions comments for the City Council’s consideration with regard to amending the Guidelines, which are summarized below.
Add clarifying language stating that individual Councilmembers retain the right to state personal positions different from the adopted guidelines but only when such statements are identified as a personal expression differing from adopted City positions;
Support banning ghost guns, including requiring mandatory serial numbers for all guns and gun parts, and banning printing gun parts with 3D printers; Support legislative and administrative action to support implementation of the SANDAG 2021 Regional Transportation Plan (RTP) that was recently adopted; 2 February 22, 2022 Item 10
City Council Agenda Report
2022 Legislative Policy Guidelines & Opposition to Initiative 21-0042A1 February 22, 2022
Add a clause that any such interim measures for bluff stabilization, such as seawalls should be removed and the area restored as much as feasible to a natural condition when the rail line is relocated;
Add a policy statement to support legislative and administrative action to confirm that local governments can adopt local rules clarifying that Accessory Dwelling Units (ADUs) can be used only for housing.
Staff requests that the City Council review the proposed changes and recommendations, including the items for consideration offered by the Mayor above, and approve them or provide further direction.
Opposition to State Ballot Initiative 21-0042A1
In addition to updating the City’s Legislative Policy Guidelines, staff recommends that the City Council consider addressing a related matter, which is taking a position of opposition to a potential State ballot initiative, as requested by the League of California Cities (Cal Cities).
The ballot measure, referred to as the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1, began circulating for signatures two weeks ago.
Cal Cities has reached out to its membership to provide background information and has requested that cities take a position of opposition to this initiative.
In 2018, the “Tax Fairness, Transparency and Accountability Act” or AG# 17-0050 Amendment #1, was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through advocacy by Cal Cities and its coalition partners, the measure’s proponents withdrew the initiative from the ballot in June 2018.
On January 4, 2022, the California Business Roundtable (CBRT) filed the above mentioned, Taxpayer Protection and Government Accountability Act or AG# 21-0042A1.
According to Cal Cities, this measure is far more detrimental to cities than the measure filed in 2018, because it would “decimate vital local and state services to the benefit of wealthy corporations.”
During its December 2-3, 2021 meeting, Cal Cities Board of Directors voted unanimously to oppose Initiative 21-0026A1. Following the Board’s unanimous decision, a coalition of public safety, labor, local government, and infrastructure advocates have joined together to fight against this measure.
At the beginning of February, the coalition announced their opposition in a media release in anticipation of the release of “Title and Summary” and preparation for signature gathering. The proponents will need to submit nearly one million signatures in order to qualify for the November 2022 ballot and the Secretary of State’s recommended date to turn in signatures is April 29, 2022.
3 February 22, 2022 Item 10
City Council Agenda Report
2022 Legislative Policy Guidelines & Opposition to Initiative 21-0042A1 February 22, 2022
As the signature gathering is underway currently, Cal Cities is asking cities to adopt a City Resolution now to demonstrate their opposition to this measure in order to help spread the message about the detrimental financial impact of this measure on City services. A resolution expressing the City’s opposition to Initiative 21-0026A1 is included for the Council’s consideration as Attachment B.
Taking an opposition position to this measure would be consistent with the City’s current Guiding Principles which include preserving and protecting the City’s authority, duties, and prerogatives to enact local legislation and policy direction concerning local affairs.
Additionally, our current Guiding Principles state that the City should oppose legislation that preempts local authority and advocate for the preservation of the City’s ability to raise revenue and provide vital services for its residents.
Considering that nexus and the timing of Cal Cities’ request and bringing the Legislative Guidelines updates, it made sense to combine these two items into one agenda report for the City Council’s consideration.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
PRIOR CITY COUNCIL REVIEW:
February 16, 2021 and May 17, 2021 – City Council adopted revisions to the 2020 Legislative Policy Guidelines.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This project is an operational item and does not relate to the City Council’s Goals and Priorities.
ATTACHMENTS:
Attachment A – Proposed Changes to the 2022 Legislative Policy Guidelines Attachment B – Resolution Opposing State Ballot Initiative 21-0042A1 4 February 22, 2022 Item 10
20221 LEGISLATIVE
POLICY GUIDELINES
AP PROVE D FE B RUARY 16 , 2 021
AM E N DE D M AY 1 7, 2 0 21
C I T Y O F D E L M A R
ATTACHMENT A
5 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
1 INTRODUCTION
The following guidelines shall be utilized by the City to take appropriate positions regarding both State of California and federal legislative and administrative issues that affect the City of Del Mar.
The guidelines are to define City Council approved positions and to assist the City Council and staff in pro-active advocacy and in responding to various issues as they arise so that the City response may be timely, clear, and consistent with City Council direction. The guidelines are also to guide the official positions of Council Members that represent the City on regional and/or local government bodies and in making public statements reflecting city positions. At any time, any two Council Members may recommend changes to the Legislative Policy Guidelines. Individual councilmembers retain the right too state personal positions different from these adopted guidelines but only when such statements are identified as a personal expression differing from adopted city positions.
When a legislative matter arises that is addressed in these guidelines, City staff may prepare a letter for the Mayor’s signature taking a position on the matter in accordance with these guidelines. For issues not addressed in these guidelines, or if there are mitigating factors where the City Council may want to take a position different from those indicated in these guidelines, the issue shall be considered by the City Council for direction.
As needed, any two Council Members can provide periodic updates of important legislative issues to the City Council at regular City Council Meetings. The City Council will then have the opportunity to approve a position statement on the issues. The City Council will review the Legislative Policy Guidelines annually to recommend changes prior to the beginning of each legislative session.
If for some reason there is a conflict between City Council adopted goals and these legislative policies, the adopted goals shall supersede these policies.
Guiding Principles
I. Preserve Local Control and Governance
Preserve and protect the City’s authority, duties, and prerogatives to enact local legislation and policy direction concerning local affairs. Oppose legislation that preempts local authority and advocate for the preservation of the City’s ability to raise revenue and provide vital services for its residents.
II. Promote Fiscal Stability
Support measures that promote fiscal stability, predictability, financial solvency, and preserve the City’s revenue base. Maintain maximum control over local government budgeting while opposing measures that shift local funds to the county, state, or federal governments to implement unfunded mandates and other regulatory costs.
III. Support Funding Opportunities for Projects Consistent with City Goals Commented [Ma1]:
Commented [Ma2]: Councilmembers tend to take positions from time to time at variance with city policy, let’s consider clarifying language.
Commented [Ma3]: Should this be updated to reflect that our council legislative committee will provide periodic updates? 6 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
2 Support funding opportunities that allow the City to compete for its fair share of regional, state, and federal funding. Support funding for programs consistent with City goals including but not limited to economic development, infrastructure development, housing, transportation, air quality, climate change, sustainability, water quality, parks and recreation, fairgrounds, hazard mitigation, public safety, and public health.
Support efforts to strengthen, modernize, and provide funding for local emergency response and preparedness capacities.
Support ongoing investments from the State and Federal governments to allow the city to effectively respond to public health emergencies.
Support legislation and budgetary measures that provide funding for local governments to beautify their communities and remove trash and debris. 7 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
3 TABLE OF CONTENTS
I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs 4
B. Long Term Financing of Local Agencies 4
C. Revenue, Fees and Taxes 4
D. Procurement 5
E. Public Health Relief Measures 5
II. GENERAL GOVERNMENT
A. Workers’ Compensation 5
B. Unemployment Compensation 5
C. Labor Relations 6
D. Pension Reform 6
E. Elections 6
III. PUBLIC PROTECTION
A. Crimes 7
B. Drugs 7
C. Fire Protection 7
D. Homeland Security 8
E. Homelessness 8
F. Aircraft Noise 8
IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation 8
B. Solid Waste and Recycling 10
C. Public Works 11
D. Utilities Undergrounding 11
V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act 11
B. Offshore Drilling 11
C. Waterfront 11
D. Water 11
E. Storm Drain and Sewer 12
F. Regional Growth Management 12
G. Air Quality 12
H. Wetlands 12
I. Energy 13
J. Land Use 13
K. Sea-level Rise and Climate Change 14
VI. RECREATION
A. Funding 14
VII. CITY – 22ND DISTRICT AGRICULTURAL ASSOCIATION RELATIONS A. Jurisdiction and Land Use 14
B. Housing 15
C. Financial Relations 15
D. Events 15
8 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
4 I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs
1. Support legislation requiring the State and Federal Government to provide full cost reimbursement to cities for all mandated programs and for all programs resulting in revenue losses.
2. Oppose any measure that mandates procedures (such as maintenance-of-effort) that would make local government more dependent on the State for financial stability.
3. Support legislation that further protects local government revenue from being taken, confiscated, shifted, diverted, or otherwise used to fund State government operations and responsibilities.
B. Long-Term Financing of Local Agencies
1. Support legislation to stabilize local government financing, to increase funding to local agencies and to permit the most cost-efficient management of state-mandated programs.
2. Support enhancement of Community Development Block Grant and other Federal funding.
C. Revenues, Fees and Taxes
1. Support legislation that increases revenues or improves local government’s ability to generate revenue.
2. Support legislation to protect and preserve local control over locally imposed taxes and fees (such as transient occupancy tax, wireless communication infrastructure fees, and franchise fees).
3. Support legislation that would prevent property and sales tax shifting from cities.
4. Support legislation to protect critical local programs, services, and funding from administrative action and/or State budget cuts during the current legislative session.
5. Support legislation that would create cost recovery for local police, fire, and emergency medical services to state properties.
6. Support legislation that would create cost recovery for local non-safety public services to state properties.
9 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
5 7. Support legislation that would amend the State Constitution Article XIIID, Section
6.C. to include storm drain fees among the list of types of fees that are exempt from the voting requirements imposed by Proposition 218.
8. Oppose legislation or administrative action that reduces or reallocates revenues attributable to Del Mar to any other governmental entity, including the County, State, or Federal governments.
D. Procurement
1. Oppose legislation that would overly complicate, prolong, or make existing laws pertaining to procurement of goods and services more onerous for local cities.
E. Public Health Relief Measures
1. Support all local, state, and federal legislation or administrative action that provides direct funding relief to cities that have been economically impacted by a public health emergency and/or stay-at-home mandate, including the flexibility to backfill lost revenue.
2. Support all local, state, and federal legislation or administrative action that provides direct relief funding and/or programmatic support for local businesses that have been economically impacted by a public health emergency and/or stay-at-home mandate.
II. GENERAL GOVERNMENT
A. Workers’ Compensation
1. Oppose legislation that would increase employee benefits without system reforms which would offset increased employer costs.
2. Oppose legislation that would provide presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits.
3. Support legislation that would remove existing presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits.
4. Support legislation that would reform the Workers’ Compensation system to reduce employer cost through the reduction of system abuse.
B. Unemployment Compensation
1. Oppose legislation which would increase city employer liability for unemployment compensation, or which would reduce local discretion to manage this risk.
Commented [Ma4]: Is it appropriate for the city to take a position on private sector unemployment compensation? I think we should stay out of that.
10 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
6 C. Labor Relations
1. Oppose legislation that would impede local administration of labor relations.
2. Oppose legislation that would require, impose, or expand compulsory binding arbitration for public employees.
3. Oppose legislation that would increase the cost of benefits, the cost of administering benefits, or mandate that a special group health and welfare benefit be provided to all employees.
4. Oppose legislation that reduces local control over public employee disputes and/or imposes regulations from an outside agency.
5. Oppose legislation that makes disciplinary proceedings for public safety employees similar to criminal proceedings, making it virtually impossible for employers to prove an administrative violation.
6. Oppose legislation restricting the availability of evidence in administrative investigations and hearings involving public safety employees.
7. Support legislation that would categorize employers with 50-99 employees as “Large Group Employers,” for purposes of the Affordable Care Act.
D. Pension Reform
1. Support legislation consistent with the League of California Cities’ recommendations for pension reform that provides sustainable pensions for employees.
2. Support legislation that would allow employees to be able to pay for a greater amount of the pension costs.
3. Support pension reform that would control or decrease employer liability or increase transparency in reporting without imposing undue hardships or administrative burdens on local governments.
E. Elections
1. Support legislation that authorizes the City to conduct a special election wholly by mail or via a secure, online voting system.
11 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
7 III. PUBLIC PROTECTION
A. Crimes
1. Support legislation that would protect the public from the dangerous and improper use of weapons and enact necessary regulations to control their use.
2. Pursuant to Resolution 2013-09, support legislation that bans the sale, transfer, manufacturing, and importation of military-style assault weapons and highcapacity ammunition magazines.
3. Oppose legislation that would weaken the authority of local law enforcement to control the issuance of concealed weapon permits.
4. Support legislation that strengthens State graffiti law and provides local government revenue and resources for graffiti abatement.
5. Support legislation that would protect the public from crimes, including identity theft, committed by use of computers, Internet or other electronic means.
B. Drugs
1. Support legislation that strengthens the ability of local government to restrict or regulate the sale, manufacture, and the use of alcohol, electronic smoking devices and flavored tobacco products, and/or other controlled substances.
2. Support legislation that would provide a greater share of seized assets to localities.
C. Fire Protection
1. Support legislation protecting local discretion regarding building and fire code standards.
2. Support legislation that provides funding for local emergency operations including equipment, services, and personnel.
3. Support legislation that provides funding to enhance wildfire mitigation and emergency response efforts.
4. Oppose legislation and administrative action that would change or eliminate inverse condemnation and make utilities not liable for fires caused by their equipment with consideration of the conduct of the utility in the design, operation and maintenance of its assets, and with consideration of factors outside of the control of the utility such as extreme climate.
Commented [Ma5]: How about reference here or as a new item in support of the banning of ghost guns, including requiring mandatory serial numbers for all guns and gun parts, and banning printing gun parts with 3D printers?
12 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
8 5. Support legislation and administrative action that requires utilities to work cooperatively with local government to plan for reducing wildfire risks.
6. Support legislation that would sustain or enhance federal homeland security grants.
D. Homeland Security
1. Support legislation that would encourage community safety and provide funding for Homeland Security measures.
2. Support legislation that would require communicating with city officials regarding threats to local safety, as threats occur.
E. Homelessness
1. Support legislation that would provide funding for mental health resources and housing solutions for the homeless and facilitate inter-agency partnerships and shared resources to collaborate on solutions between regional agencies.
F. Aircraft Noise
1. Support legislation and regulations that promotes the reduction of aircraft noise impacting the City.
2. Support legislative and regulatory efforts to monitor, regulate and enforce helicopter noise in residential areas while being respectful of United States Military, law enforcement and emergency first responder operations.
IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation
1. Support legislation to enable SANDAG and local cities and the county to update the Regional Transportation Plan and take actions to enhance transit options based on clean vehicles and technology over carbon fueled motor vehicles.
2. Support legislation and administrative action that promote alternative clean fuel vehicles and their support facilities.
3. Support legislation and administrative action that facilitates innovation in transportation options including autonomous vehicles.
4. Support legislation and administrative action that promotes options to single occupancy carbon fueled car travel such as rapid bus lanes and service, HOV lanes, rail, shared use vehicles, autonomous, and on demand systems.
Commented [Ma6]: Would it be appropriate to have a specific policy in support of legislative and administrative action to support implementation of the SANDAG 2021 RTP that was just adopted, including with Del Mar’s vote? I think so, and if needed, ,with a proviso that funding mechanisms to implement the RTP require public vote.
13 February 22, 2022 Item 10
CITY OF DEL MAR
20221 LEGISLATIVE POLICY GUIDELINES
9 5. Support legislation that provides equitable amounts of Federal and State funding for roads, and highways, and transit and facilitates in the timely construction of local transportation projects.
6. Support legislation that reaffirms Federal and State responsibility for transportation including but not limited to highway funding.
7. Support legislation to authorize financial incentives for employees who commute to work in carpools, use public transportation, or utilize clean modes of transportation, such as bicycling and electric vehicles.
8. Support funding for increased bike lanes, and associated infrastructure (e.g., lighting and traffic barriers), to provide safe, accessible, and strategic bike routes for both commuters and recreational users.
9. Support legislation that provides funding from SANDAG, the Federal, and/or the State Government for the planning and construction of the following types of improvements at the Del Mar Fairgrounds: seasonal and permanent rail platform; affordable housing; mobility hubs; fleet mobility services; and micro-mobility solutions.
10. Support legislation and funding to promote and construct safe pedestrian railroad crossings, including at-grade crossings where over/underpass crossings are not feasible.
11. Support funding for studies where at-grade and/or over/underpass pedestrian railroad crossings are feasible.
12. Support legislation and administrative action at the Federal and State level to minimize or eliminate the liability of local governments, including cities and transit districts, for rail accidents involving pedestrians or vehicles. Support railroad safety measures, including dedicated safe crossings, while upholding public stewardship and self-governance to protect precious coastal resources, scenic views, and public access to bluffs, trails, beaches, and the ocean.
13. Support legislation to allow non-ADA compliant over/underpasses to cross rails to access the beach where there is an ADA compliant access point nearby.
14. Support Federal and State legislation and administrative action to further mobility strategies that encourage alternative forms of transportation to reduce reliance on automobiles.
15. Support legislation, funding opportunities, and administrative action to further electric and zero emission vehicles and their needed support services. 14 February 22, 2022 Item 10
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10 16. Support legislation and administrative action to help local governments manage transportation issues to further their adopted Climate Action Plan goals.
17. Support legislation, funding, and administrative action to accelerate relocation of the rail line from the Del Mar bluffs to an appropriate inland location.
18. Support legislation, funding, and administrative action for interim repairs on the Del Mar bluffs to keep the rail line safe until it can be relocated inland, including full mitigation for any impacts of interim repairs.
B. Solid Waste and Recycling
1. Support legislation that would assist local agencies in implementing recycling and diversion programs.
2. Support legislation that encourages the State to provide funding for added costs of implementing mandatory solid waste, household hazardous waste, organics diversion, and recycling programs to local agencies.
3. Support legislation that sets reasonable and flexible recycling standards.
4. Support legislation that would exempt a city from AB 939 or other state legislation penalties due to a State installation’s excessive contribution to the city’s waste stream.
5. Support legislation encouraging active development of markets for recycled goods.
6. Support legislation requiring local agencies to prepare and implement household hazardous waste collection plans and provide funding therefore.
7. Support legislation that reduces local government's superfund liability for solid waste.
8. Support legislation that promotes or provides funding for zero waste programs, composting programs, and other programs for addressing organic waste.
9. Support legislation that addresses plastics and other difficult to recycle/manage pollutants at the source by shifting from producing and using such materials to alternatives that reduce the need to recycle or landfill waste.
10. Support measures that provide flexibility for local jurisdictions to meet mandated short lived-climate pollutant goals set by the State through SB 1383 and other mandatory organics recycling regulations.
11. Oppose solid waste regulations without coordinated support and funding from the State and waste haulers.
Commented [Ma7]: Add a clause that any such interim measures such as seawalls should be removed and the area restored as far as feasible to n natural condition when the rail line relocates? Commented [Ma8]: Let’s cover 1383 and others.
15 February 22, 2022 Item 10
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11 C. Public Works
1. Support legislation that would address poor performance by contractors selected under low bid contract requirements.
1. Support legislation that would allow all cities to use design build or other delivery methods for constructing capital improvement programs.
D. Utilities Undergrounding
1. Support legislation and administrative action that would help facilitate the implementation of the City’s Undergrounding Project, including advocating to the California Public Utilities Commission to issue rulemaking that would make undergrounding projects more cost effective.
V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act
1. Oppose legislation that would weaken or substitute the CEQA requirements in favor of a lesser process, such as National Environmental PolicyProtection Act (NEPA).
B. Offshore Drilling
1. Oppose legislation that includes any San Diego coastal areas in the lease sale program until environmental protection has been assured and the need for this resource has been demonstrated.
1. 2. Support legislation that provides for oil spill prevention and response.
3. Support legislation that creates a Coastal Sanctuary that prohibits a state agency from entering into a new lease for the extraction of oil in state waters.
4. Oppose any legislation that increases gas or oil drilling off the coast of California.
C. Waterfront
1. Support legislation that provides funding for waterfront coastal restoration, protection, and enhancement.
2. 2. Support efforts to protect the San Dieguito Lagoon and the Los Peñasquitos Lagoon.
Commented [Ma9]: Why do we want to hedge our position on this issue? See items 3 and 4 below.
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16 February 22, 2022 Item 10
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12 3. Support legislation, administrative action, and provision of funding to assist in implementation of the City’s Sea Level Rise Adaptation Plan.
D. Water
1. Support legislative efforts to improve the potable water quality in San Diego County.
2. Support legislation to provide Southern California with a stable source of water.
3. Support legislation that would provide incentives and funding for alternative water sources and for water conservation measures sponsored by local agencies.
4. Support legislation that would advance the opportunity to secure and utilize reclaimed/recycled water.
5. Support legislation that will require a showing of the availability of potable water in connection with any new development in San Diego County.
6. Support legislation, policies or practices that would decrease pollution to the ocean or waterways.
E. Storm Drain and Sewer
1. Support legislation to provide funding for mitigation measures and projects to reuse, recharge, divert, or treat urban runoff.
2. Oppose legislation that imposes more stringent requirements on storm drain runoff without providing funding and/or consideration of the feasibility of monitoring and mitigation of such requirements.
3. Monitor any new or reviewed requirements by State or Federal agencies for testing water quality and water body closures.
4. Support state and federal legislation and administrative action to encourage reclamation and recycling of wastewater from the Metro Waste Water System and the San Elijo Joint Powers Authority for potable and purple pipe reuse.
F. Regional Growth Management
1. Support legislation that would produce additional resources, including adequate funding, to local agencies to address regional growth and transportation issues.
2. Support legislation and administrative action that would encourage managing growth in a manner that is consistent with State and local climate action goals of reducing vehicle miles travelled and greenhouse gas emissions.
Commented [Ma10]: This could also be placed under item K below, if not here.
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Commented [Ma11]: I’m not sure what this one means.
Commented [Ma12]: These are the two treatment entities that serve Del Mar. Do we want an item 5: Support legislation and administrative action to accommodate the safe reuse of grey water? 17 February 22, 2022 Item 10
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13 G. Air Quality
1. Support legislation to improve the air quality in San Diego County.
2. Support legislation that allocates State and/or Federal funds for compliance with Federal and State air quality standards.
3. Support legislation that would provide funding for zero emission vehicles and their support infrastructure.
H. Wetlands
1. Oppose legislation that adversely impacts the wetlands.
2. Support legislation that provides funding for the acquisition, enhancement and protection of wetlands and wildlife habitat.
3. Support legislative and administrative actions to allow wetlands to adapt to climate change and rising sea levels without loss of habitat value.
I. Energy
1. Support legislation that effectively stabilizes energy availability and reduces energy costs.
2. Support legislation that would provide funding for alternative energy sources, energy efficiency, and conservation measures.
3. Support legislation that provides for the safe decommissioning/removal of nuclear material at the San Onofre Nuclear Generating Station (SONGS).
4. Support legislation at the federal and state levels to allow for removal of nuclear waste from SONGS to a safe inland temporary storage location pending federal identification of a permanent storage option. Oppose efforts to ongoing storinge this waste on the beach at SONGS.
5. Support Community Choice Aggregation (CCA) [also known as Community Choice Energy (CCE)] and the Clean Energy Alliance to allow residents and businesses the option to purchase clean energy from renewable sources and oppose any efforts to impede CCA's/CCE’s, including but not limited to, increased departure charges.
6. Support CCA programs including the Clean Energy Alliance that pursue distributed energy, community solar, and micro grid projects, and similar local programs of benefit to the city.
Commented [Ma13]: SONGS waste is already in storage on site. 18 February 22, 2022 Item 10
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14 J. Land Use
1. Oppose legislation that takes a punitive approach to City General Plan Housing Element and the imposition of any extraordinary powers in State agencies with regard to City Housing Elements.
2. Support legislation to allow local governments flexibility in how they meet their state mandated housing goals.
3. Oppose legislation, or other agency actions, that would usurp local control of land use decision-making.
4. Oppose legislation that would impose State-mandated development standards or procedures that are contrary to the Del Mar Community Plan or local land use policy.
5. Oppose legislation that is inflexible and cannot be modified through local review.
6. Monitor proposals that would alter air traffic systems that would impact Del Mar.
7. Support legislation to reaffirm that regulation of short-term rentals is a local matter.
8. Oppose legislation to reduce or encroach upon the autonomy of Charter Cities as to home rule powers, including as to land use, housing, and zoning.
K. Sea-Level Rise and Climate Change
1. Support legislation that continues to monitor sea-level rise and climate change and the effect on local jurisdictions.
2. Support legislation that would provide local jurisdictions funding for resilience and response to sea-level rise and climate change.
3. Support legislation that allows local governments flexibility in how they implement sea level rise and climate change adaptation goals and meet federal and state flood management standards.
4. Support legislation and administrative action at the federal and state level to provide funding and assistance to coastal cities addressing adaptation to sea level rise and increased flooding risks.
5. Support legislation and administrative action at the federal and state level to increase funding for local governments implementing sand replenishment and other adopted strategies for addressing sea level rise.
6. Support legislation, funding, and administrative action to remove sediment accumulation in the regions coastal lagoons and upstream behind dams and use it for beach sand replenishment.
Commented [Ma14]: Why is this here? If it relates to concerns of overflights it should be above where that is addressed.
Commented [Ma15]: There are two ways we lose local control. (1) Direct legislative active (2) state adoption of legislation on a topic like housing that declares itself of statewide significance and therefore applying to Charter cities.
19 February 22, 2022 Item 10
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15 VI. RECREATION
A. Funding
1. Support legislation that would provide funds for local and regional recreation areas, facilities, and services including visitor parking facilities.
VII. CITY – 22ND DAA RELATIONS
A. Jurisdiction and Land Use
1. Support legislation and Commission findings that reaffirm the limits of the sovereign powers of the 22nd DAA to its governmental mandate to promote California Agriculture, business, and products.
2. Support legislation that subjects all activities conducted on the Fairgrounds to local health, safety, and noise ordinances.
3. Support legislation to allow the City of Del Mar to obtain credit for affordable housing programs on 22nd DAA property within or contiguous to the city.
4. Support legislation to allow the 22nd DAA to engage in all types of transactions with the city to further affordable housing programs, including leases, sales, joint ventures partnerships, Joint Powers Agreements, and the like.
4.5. Oppose efforts that require the City to ministerially approve housing development projects without adequate input from local agencies or a robust public engagement process
B. Housing
1. Support legislation that facilitates the 22nd DAA to provide on-site affordable housing, including work force housing, to help the City meet its assigned Regional Housing Requirement for affordable housing requirements attributable to the number of employees who work at the Fairgrounds.
2. Support legislation to allow local implementation of creative solutions to local housing needs while gaining RHNA credit, such as: student housing programs implemented in conjunction with local universities and community colleges and temporary housing on the Del Mar Fairgrounds.
Commented [Ma16]: What is the “Commission” referred to
here?
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Commented [Ma17]: This should either not be capitalized, or if capitalized it should refer to: Regional Housing Needs Assessment (RHNA).
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16 2.3. Support legislative and administrative action to confirm that local governments can adopt local rules clarifying that Accessory Dwelling Units (ADUs) can be used only for housing.
C. Financial Relationship
1. Support legislation and administrative action Take the steps necessary to cause the 22nd DAA to pay for its fair share of municipal services and road and bridge maintenance and repairs.
2. Support legislation and administrative action to encourage Negotiate with the State Department of General Services for a to reducetion thein rent of the Del Mar Fire Station.
3. Support legislation and administrative action that would give Del Mar a revenue share for sports gaming, concerts, and other revenue activities on 22nd DAA property within the city limits.
D. Events
1. Oppose legislation or administrative action that would overturn AB 893, which prohibits the sale of firearms and ammunition at the Del Mar Fairground on and after January 1, 2021.
2. Support legislation or requirements that prohibit on-site smoking, on-site consumption, or on-site sale of cannabis products at state fairgrounds where the local city prohibits such use.
Commented [Ma18]: I have written a separate paper on this, for reference. In short there is nothing in our current city code that requires an ADU be used for living quarters—they can be living room extensions, home theaters, storage, etc. Adopting a local requirement that ADUs must be used for housing is, in my opinion, consistent with the state law on ADUs, but HCD contends this would require legislation.
Commented [Ma19]: Clem: Can you review and see what the current status on this issue is? Is this still up to date? Commented [BM20R19]: Staff will research and provide an update at the City Council meeting.
21 February 22, 2022 Item 10
ATTACHMENT B
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, EXPRESSING OPPOSITION TO INITIATIVE 21- 0042A1 RELATED TO THE STATE BALLOT MEASURE
RESTRICTING VOTERS INPUT AND LOCAL TAXING AUTHORITY
WHEREAS, The Taxpayer Protection and Government Accountability Act or AG# 21- 0042A1 began circulating for signatures to qualify for the November 2022 statewide ballot; and
WHEREAS, Cal Cities has requested that cities oppose initiative AG# 21-0042A1; and.
WHEREAS, in 2018, the “Tax Fairness, Transparency and Accountability Act” or AG# 17-0050 Amendment #1, was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through advocacy of the League of California Cities and its coalition partners, the measure’s proponents withdrew the initiative from the ballot in June 2018; and
WHEREAS, on January 4, 2022, the California Business Roundtable (CBRT) filed the above mentioned, Taxpayer Protection and Government Accountability Act or AG# 21- 0042A1. According to Cal Cities, this measure is far more detrimental to cities than the measure filed in 2018, because it would “decimate vital local and state services to the benefit of wealthy corporations.”; and
WHEREAS, during its December 2-3, 2021 meeting, the League of California Cities Board of Directors voted unanimously to oppose Initiative 21-0026A1. Following the Board’s unanimous decision, a coalition of public safety, labor, local government and infrastructure advocates have joined together to fight against this measure; and WHEREAS, the coalition announced their opposition in a media release in anticipation of the release of “Title and Summary” and preparation for signature gathering. The proponents will need to submit nearly 1 million signatures in order to qualify for the November 2022 ballot and the Secretary of State’s recommended date to turn in signatures is April 29, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, as follows:
1. That the above recitations are true and correct.
2. That the City of Del Mar City Council opposes AG# 21-0042A1.
3. That staff will send a copy of this resolution to the League of California Cities. 22 February 22, 2022 Item 10
Resolution No. 2022-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 22nd day of February 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DOES HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
23 February 22, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable City Council Members
FROM: Mayor Dwight Worden and Councilmember Terry Gaasterland DATE: February 22, 2022
SUBJECT: Proposed Resolution Opposing Construction of Devices that Could Interfere with Natural Flow of Beach Sand into Del Mar
REQUESTED ACTION/RECOMMENDATION:
Mayor Worden and Councilmember Gaasterland recommend that the City Council consider adoption of a Resolution (Attachment A) opposing construction of devices that could interfere with the natural flow of beach sand into Del Mar.
DISCUSSION/ANALYSIS:
The City of Del Mar’s Sea Level Rise Adaptation Plan identifies beach nourishment and maintenance of a wide sandy beach as priority adaptation strategies to minimize the risk of erosion and flooding due to projected sea level rise. Additionally, the Plan identifies groins as an adaptation measure to be investigated and considered as an option for sand retention in the future where they can be designed to act as a filter that minimally reduces littoral sand drift rather than function as a barrier to the natural longshore transport of sand. Furthermore, the Plan explains that use of groins as an adaptation option would need to be studied carefully in the context of their benefit and risk to public beaches.
Concerns related to groins include their potential to alter the character of the natural shoreline, diminish horizontal access along the beach, and habitat impacts. For these reasons, the City may wish to express concern that construction of devices such as groins elsewhere in the region, particularly north of Del Mar, could significantly reduce the natural sediment transport southward and alter the character of Del Mar’s shoreline.
In 2019, the City of Oceanside City Council directed their staff to begin the process of identifying feasible solutions to protect Oceanside’s coastline including nourishment projects of beach suitable sands, construction of retention devices to reduce the loss of sand, or a combination of both. In August 2021, the Oceanside City Council unanimously approved initiating a pilot program to install four groins and a sand bypass system from Oceanside Pier south to the Buena Vista Lagoon, as recommended in the Beach Sand Replenishment and Retention Device Project Feasibility Analysis (Analysis) prepared by their engineering consultant, GHD.
1 February 22, 2022 Item 11
City Council Agenda Report
Opposition to Construction of Devices that Could Interfere with Natural Flow of Beach Sand into Del Mar
February 22, 2022
The Analysis included modeling to predict how the groin pilot project and retention alternative could impact regional sand movement. The Analysis indicated, in part, that groins, which are narrow structures built out into the water from a beach in order to trap and accumulate sand that would otherwise drift along the beach, could interfere with the natural flow of sand down the coast specifically the sand transported south by large North Pacific swells during the fall and winter months.
It is recommended that the Del Mar City Council join the City of Carlsbad in adopting a Resolution (Attachment A) opposing construction of devices that could potentially interfere with the flow of sand south down the coast to Del Mar’s beaches. If the Resolution is adopted, staff will send a copy of the resolution to Oceanside’s City Council and City Manager, the San Diego Association of Governments Shoreline Preservation Working Group, and California Coastal Commission.
PRIOR CITY COUNCIL REVIEW:
None.
FISCAL IMPACT:
There is no fiscal impact or action to be taken related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This action is related to the implementation of the City’s Sea-Level Rise Adaptation Plan which is a Tier 1 priority item.
ATTACHMENTS:
Attachment A – Proposed Resolution Opposing Construction of Devices that Could Interfere with the Natural Flow of Beach Sand into Del Mar 2 February 22, 2022 Item 11
ATTACHMENT A
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, EXPRESSING OPPOSITION TO THE CONSTRUCTION OF
DEVICES THAT COULD INTERFERE WITH THE NATURAL FLOW OF
BEACH SAND INTO DEL MAR
WHEREAS, the City of Del Mar’s adopted Sea Level Rise Adaptation Plan (Environmental Science Associates 2018) identifies groins as an adaptation measure to be investigated and considered as an option for sand retention in the future where it can be designed to act as a filter that minimally reduces littoral sand drift rather than function as a barrier to the natural longshore transport of sand; and
WHEREAS, Del Mar’s Adaptation Plan explains that the use of groins as an adaptation option would need to be studied carefully in the context of its benefits and risks to public beaches and explicitly identifies some potential negative impacts of groins include: the potential to alter the character of the natural shoreline, the potential to diminish horizontal access along the beach, and the potential for habitat impacts; and
WHEREAS, the City of Del Mar expresses concern about the construction of devices that could interfere with the natural flow of beach sand into Del Mar, with particular concern that projects north of Del Mar may significantly reduce the natural sediment transport southward and alter the character of Del Mar’s shoreline; and
WHEREAS, Del Mar’s Adaptation Plan identifies beach nourishment and maintenance of a wide sandy beach as priority adaptation strategies to minimize the risk of erosion and flooding due to projected sea level rise; and
WHEREAS, on October 9, 2019, the City of Oceanside City Council directed its staff to initiate a process to identify feasible solutions to protect the Oceanside coastline from erosion by either utilizing re-nourishment projects of beach suitable sands, construction of retention devices to reduce the loss of sand, or a combination of both; and WHEREAS, in April 2020, the Oceanside City Council approved a professional services agreement with engineering consultant GHD, who then worked on a study evaluating alternatives to stabilize and enhance the beach widths within the City of Oceanside; and WHEREAS, on August 11, 2021, the resulting Beach Sand Replenishment and Retention Device Project Feasibility Analysis and a staff report were presented to the Oceanside City Council; and
WHEREAS, the study area spanned the coastline from the southern end of Camp Pendleton south to the southern jetty of the Agua Hedionda Lagoon; and WHEREAS, Section 2., Coastal Setting, of the analysis document, states in part: The wave climate within the City is characterized by seasonal long-period swells generated by distant storms in the North Pacific and Southern Oceans. Southern swell arrives at Oceanside from the southwest through the spring and summer months and transports sand to the north...Larger North Pacific swell[s] approaching from the northwest and west during the fall and winter months transports sand to the south…Waves are the dominant driver of sediment transport along Oceanside beaches. The 3 February 22, 2022 Item 11
Resolution No. 2022-XX
net longshore sediment transport patterns for Oceanside are accepted to be southern, although seasonal variations are common and depend on the swell direction. There are numerous estimates of the longshore sediment transport for Oceanside and within the Oceanside Littoral Cell…These estimates are based on historic studies and have not been updated or field verified recently.
However, amongst these studies there is general agreement that Oceanside experiences a net sediment transport to the south of 100,000 to 200,000 cubic yards (cy) per year; and WHEREAS, GHD estimated the cost and the approach of future phases of the project, and engaged the Center for Climate Change Impacts and Adaptation at the Scripps Institute of Oceanography to develop a scientific coastal baseline and monitoring plan; and WHEREAS, GHD also performed numerical modeling to predict how the alternatives could impact local and regional sand movement; and
WHEREAS, of the four retention alternatives studied, groins were ranked the highest - based on the multi-criteria analysis of technical performance, financial analysis, and environmental consideration; and
WHEREAS, the analysis document recommended a pilot project consisting of four groins and a sand bypass system, with a project area that spans the coastline from the Oceanside Pier south to the outlet of the Buena Vista Lagoon; and
WHEREAS, the Oceanside City Council voted to initiate the pilot project and directed staff to begin the associated design, permitting and environmental work; and WHEREAS, the City Council of the City of Carlsbad has expressed concern and adopted a resolution in opposition of the project on January 11, 2022, stating that the groins alternative has the potential to interfere with the natural flow of sand down the coast, particularly into Carlsbad; and
WHEREAS, there is similar potential to interfere with the natural flow of sand to the City of Del Mar as reflected in the City’s adopted Sediment Management Plan (Environmental Science Associates 2018) which studied the existing longshore sediment transport system and identifies that sand within the Oceanside Littoral cell predominately migrates down the coast from Oceanside to Del Mar; and
WHEREAS, the National Park Service’s statement on groins notes, “By design, these structures are meant to capture sand transported by the longshore current; this depletes the sand supply to the beach area immediately down-drift of the structure;” and WHEREAS, the City of Oceanside’s stated intent with the groins alternative was that it would be “adaptable and reversable” based on the results of scientific monitoring programs; and WHEREAS, if sand retention success is achieved with the initial four groins, more groins may be added to other sections of the Oceanside coastline in the future; and WHEREAS, the next phase of the project is expected to take about two to four years and City of Oceanside staff plan to work with GHD to conduct additional public outreach before the final groin locations are determined; and
4 February 22, 2022 Item 11
Resolution No. 2022-XX
WHEREAS, the California Coastal Commission, Marine Corps’ Camp Pendleton, Surfrider Foundation and other stakeholders are expected to be invited to engage in the outreach process; and
WHEREAS, there will also be opportunities for City of Del Mar staff and other municipalities to provide comments on the potential impacts from the project; and WHEREAS, the Oceanside groin project may impede successful implementation of Del Mar’s Sea Level Rise Adaptation Plan and hazard mitigation strategies as set forth in the Del Mar Community Plan (General Plan); and
WHEREAS, the City of Del Mar supports regional collaboration and regional solutions to sediment management that benefit all beaches located within the Oceanside Littoral cell.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, as follows:
1. That the above recitations are true and correct.
2. That the City of Del Mar City Council opposes the construction of devices that could interfere with the natural flow of beach sand into Del Mar, including the approved groin pilot project planned by the City of Oceanside.
3. That staff will send a copy of this resolution to the Oceanside City Council and City Manager, the San Diego Association of Governments Shoreline Preservation Working Group, and California Coastal Commission.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 22nd day of February 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Leslie E. Devaney, City Attorney
City of Del Mar
5 February 22, 2022 Item 11
Resolution No. 2022-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DOES HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
6 February 22, 2022 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable City Council Members
FROM: Mayor Dwight Worden and Councilmember Terry Gaasterland DATE: February 22, 2022
SUBJECT: Proposed Resolution Reaffirming the City’s Position on the Storage of Spent Nuclear Fuel at the San Onofre Nuclear Generating Station REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council consider adoption of a Resolution (Attachment A) reaffirming the City’s position on the Storage of Spent Nuclear Fuel at the San Onofre Nuclear Generating Station (SONGS).
DISCUSSION/ANALYSIS:
Southern California Edison (SCE) is the majority owner and decommissioning agent of SONGS. SCE permanently ceased power generation operations at SONGS on June 7, 2013. Their subsequent filing of a Certification of Permanent Cessation of Power Operations with the Nuclear Regulatory Commission (NRC) set the stage to begin preparations for decommissioning.
Decommissioning is a well-defined NRC process that involves transferring the used fuel into safe storage, followed by the removal and disposal of radioactive components and materials. Longer term, this process calls for reducing residual radioactivity to a level that supports termination of the NRC license. SONGS stores used uranium fuel on site using a combination of technologies; enclosed, steel-lined pools (spent fuel pools) and sealed stainless steel canisters that are housed in reinforced concrete structures (dry cask storage).
Now that SONGS is permanently retired, SCE is taking steps to transfer all of the used nuclear fuel into dry cask storage. This technology involves sealing used fuel in airtight steel (or in steel and concrete) containers or casks that are intended to provide both structural strength and shielding. Dry cask storage systems are designed to withstand various natural phenomena such as floods, tornados, seismic events, temperature extremes and lightning.
1 February 22, 2022 Item 12
City Council Staff Report
Safe Handling & Storage of SONGS Nuclear Waste
February 22, 2022
By law, the U.S. Department of Energy is responsible for developing a disposal facility for the long-term management of used uranium fuel from SONGS and other U.S. nuclear power plants. However, the federal government does not currently have a viable plan to establish a permanent national repository for used nuclear fuel.
The proposed resolution calls for identification of a safer long-term storage site located away from populated areas and urges the near-term relocation of all nuclear waste from San Onofre to safer interim storage; advocates for safe storage of spent nuclear waste while it is being stored at San Onofre; calls for inclusion of these issues in the completion of any decommissioning process or plan; and supports federal legislation that would increase local agencies and the state’s ability to participate in and/or fund the decommissioning of nuclear power plants.
The City Council previously adopted resolutions related to the safe decommission and storage of nuclear waste at SONGS in 2012, 2014, 2017, and most recently in 2019. The proposed Resolution (Attachment A) supplements the City’s previously adopted resolutions and reaffirms the City’s position to support the safe storage of spent nuclear fuel at SONGS.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to the recommended action.
ATTACHMENTS:
Attachment A – Resolution Reaffirming the City’s Position on the Storage of Spent Nuclear Fuel at SONGS
2 February 22, 2022 Item 12
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, REAFFIRMING THE CITY'S POSITION ON
THE STORAGE OF SPENT NUCLEAR FUEL AT THE SAN
ONOFRE NUCLEAR GENERATING STATION
WHEREAS, the City of Del Mar is located within 50 miles of The San Onofre Nuclear Generating Station; and
WHEREAS, Del Mar residents are among the 8.5 million people living within a 50- mile emergency evacuation zone as defined by the U.S. Nuclear Regulatory Commission (NRC); and
WHEREAS, the United States Nuclear Regulatory Commission is the regulatory agency for the decommissioning of nuclear facilities; and WHEREAS, in 2013, Southern California Edison announced its decision to permanently decommission the San Onofre Nuclear Generating Station; and WHEREAS, operators for the San Onofre Nuclear Generating Station decommissioning indicate that there will eventually be over 1800 metric tons of spent nuclear fuel stored at the San Onofre Nuclear Generating Station site until a federal repository is available to accept the spent nuclear fuel; and WHEREAS, the United States Congress assigned the Department of Energy with the task of creating an underground repository for nuclear waste as a result of the Nuclear Waste Policy Act of 1982, which has yet to be completed; and WHEREAS, notwithstanding assurances of safety, spent nuclear fuel leaks have occurred at nuclear facilities, which creates concern that accidental leaks of spent nuclear fuel are possible with resulting harm and imperilment to public safety; and WHEREAS, spent nuclear fuel may also be the target of acts of terrorism or other intentional acts meant to cause harm and imperil public safety; and WHEREAS, at San Onofre, over 3.6 million pounds (1800 metric tons) of high-level radioactive waste are stored in waste canisters on-site, approximately 108 feet from the ocean; and
WHEREAS, these canisters are not intended for long-term storage, yet there is no long-term relocation or storage plan in place; and
WHEREAS, the storage canisters are vulnerable to leaking for a variety of reasons, and there is considerable dispute among experts as to the suitability of the current storage method, monitoring, and canister replacement procedures; and 3 February 22, 2022 Item 12
Resolution No. 2022-XX
WHEREAS, credible experts indicate that current utility radiation monitoring may not be sensitive enough to warn of canister damage, although UCSD researchers have developed a better method which gives advance warning of canister breach, yet this superior strategy is not currently proposed; and
WHEREAS, should a breach of San Onofre’s storage facilities occur caused by leaking or damaged canisters, earthquake, sea level rise, terrorism, or other event, catastrophic effects to human life and safety, to ground water, to transportation on the busy I-5 freeway, to military operations on Marine Corps Base Camp Pendleton, and other adverse impacts are possible if not likely, with damages potentially exceeding 13.4 trillion over 50 years as estimated by economic modelling; and
WHEREAS, in 2012 the City of Del Mar adopted Resolution 2012-57 expressing concerns about nuclear waste and the San Onofre Nuclear Generating Station; and WHEREAS, in 2014 the City of Del Mar adopted Resolution 2014-84 supporting the Nuclear Plant Decommissioning Act of 2014 as it relates to SONGS decommissioning; and
WHEREAS, in 2017 the City of Del Mar adopted Resolution 2017-53 supporting safe offsite interim storage of SONGS nuclear waste; and WHEREAS, in 2019 the City of Del Mar adopted Resolution 2019-49 expressing further concerns; and
WHEREAS, this current Resolution is adopted as a supplement to those prior actions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Del Mar supports as a matter of high priority the identification of a long-term safer storage site located away from populated areas and urges the nearterm relocation of all nuclear waste from San Onofre to safer interim storage, if needed as a precedent to ultimate relocation to a permanent safer site, all to assure that this waste is removed from San Onofre as soon as possible.
SECTION 2. The City of Del Mar advocates that while spent nuclear fuel is stored at the San Onofre Nuclear Generating Station, it must be stored in a manner and location that is as safe as possible and with a system that prevents radiation releases into the environment. This requires, but is not limited to, a system that can be inspected (inside and outside the containers), maintained, not subject to critical degradation (such as corrosion and cracking), can be safely transported, provides a continuous early warning monitoring system that prevents radiation releases, and an onsite plan to replace 4 February 22, 2022 Item 12
Resolution No. 2022-XX
containers such as a dry transfer facility (hot cell) as needed for safe storage and transport of spent nuclear fuel. Continuous radiation monitoring should be implemented with public on-line access.
SECTION 3. The City of Del Mar asserts that no permits or licenses should be granted or renewed for nuclear waste storage at San Onofre until these conditions are met.
SECTION 4. The City of Del Mar asserts that the proper storage and disposition of spent nuclear fuel must be a consideration in the decommissioning process and the decommission plan must not be considered complete until these issues are resolved, and no decommissioning funds should be approved until these conditions are met. Since there is no date certain that the spent nuclear fuel at San Onofre will be removed, no date should be assumed.
SECTION 5. The City of Del Mar supports federal legislation that would increase state and local government participation, authority, and funding in the decommissioning of nuclear power plants and the storage and transport of nuclear waste, including legislation to allocate available federal funding on a priority basis to the areas at greatest risk such as the risk area surrounding San Onofre.
SECTION 6. The City Clerk is directed to forward certified copies of this resolution to the Nuclear Regulatory Commission, California Public Utilities Commission, California Energy Commission, California Senate Energy, Utilities and Communications Committee, Southern California Edison, Governor of California, U.S. California Senators, and Congressional representatives, accompanied by a letter from the Mayor urging them to join immediately in efforts set forth in this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 22nd day of February 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
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Resolution No. 2022-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DOES HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
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