Agenda, regular meeting, first session — Del Mar City Council, May 16, 2022 (part 1 of 2)

Table of Contents
2022-5-16 Regular Meeting Agenda.pdf
Item 2- Minutes Regular Meeting.pdf
Item 3 - List of Demands.pdf
Item 5 - SB 1 Annual Pavement Rehabilitation Project.pdf Item 6 - Second Reading ADU Pilot Program.pdf
Item 7 - SDHS Contract Extension_FINAL PACKET.pdf
Item 8 - Kleinfelder Amendment.pdf
Item 9 - TPAC Appointment.pdf
Item 10 - AB361 Remote Meetings Resolution.pdf
Item 11 - Public Solid Waste Rates Public Hearing_FINAL.pdf Item 12 - Accept CCC Mods Program 2G.pdf
Item 13 - SB 1105 Letter of Support.pdf
Item 14 - CDM Bridge MND Info Summary.pdf
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Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, May 16, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

Public Participation/Comment
Members of the public can participate in the meeting by either submitting a written red dot comment via email to
[email protected] or by speaking live using the Zoom link and/or dial-in information provided below. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda.

Zoom Link: https://us02web.zoom.us/j/84790910014
Phone: (669) 900-6833
Meeting ID: 847 9091 0014
While registration is not required, staff recommends members of the public submit an optional tele-comment request form (www.delmar.ca.us/telecomment) to assist with speaker
management during the meeting. For more information please visit: www.delmar.ca.us/publiccomment.

Viewing the Meeting and Access to Agenda Materials
Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM.

Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website: http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at the Del Mar Library during their business hours.

Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the Administrative Services Department via email at [email protected] or by calling (858) 755-9313, preferably at least 48 hours in advance of the meeting if possible.

Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS

1. Presentation Regarding the 2022 San Diego County Fair by 22nd District Agricultural Association
Recommended Action: Receive a presentation from 22nd District Agricultural Association Chief Executive Officer Carlene Moore regarding the 2022 San Diego County Fair.

Reference: Clerk’s File No. 1502-10
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council, staff, or the public so requests, in which event, the item will be considered separately.

2. Approval of Minutes: May 2, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

3. Ratification of List of Demands, dated May 16, 2022
Recommended Action: Ratify the List of Demands.

Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

5. Approval of Fiscal Year 2022-23 Senate Bill 1 Funding for the Annual Pavement Rehabilitation Project
Recommended Action: Staff recommends that the City Council Adopt a Resolution (Attachment A) accepting Senate Bill 1 (SB 1) funding from the State of California as supplemental funding for the FY 2022-23 Citywide Annual Paving Project (Annual Pavement Rehabilitation).

Reference: Clerk’s File No. 401-7, 901-5

6. Second Reading and Adoption of an Ordinance to Extend the Accessory Dwelling Unit (ADU) Pilot Program (Incentive Program)
Recommended Action: Staff recommends the City Council adopt the Ordinance (Attachment A) to extend the ADU Pilot Program, which is intended to incentivize creation of ADUs that are deed restricted affordable to low income households.

Reference: Clerk’s File No. 401-4

7. Third Amendment to Animal Services Contract with the San Diego Humane Society
Recommended Action: Staff recommends the City Council approve the Third Amendment to the City of Del Mar’s Animal Services Agreement (Agreement) with the San Diego Humane Society (SDHS) to extend the term of the Agreement to June 30, 2023 (Attachment A); and authorize the City Manager to sign the Third Amendment.

Reference: Clerk’s File No. 406-1

8. Fourth Amendment to Professional Services Agreement with Kleinfelder, Inc. for Preliminary Engineering and Project Approval/Environmental Documentation (PA/ED) for the Camino del Mar Bridge Project Recommended Action: Staff recommends that the City Council: 1) Approve the Fourth Amendment to an Agreement with Kleinfelder, Inc. (Attachment A) for preliminary engineering work required for the Camino del Mar Bridge Project extending the term of the Agreement for a one-year period through June 30, 2023; and 2) Authorize the City Manager to execute the Fourth Amendment.

Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 406-1

9. Traffic and Parking Advisory Committee Appointment
Recommended Action: The City Council Liaisons to the Traffic and Parking Advisory Committee recommend that the City Council appoint John Spelich as a member to the Committee to serve a full three-year term effective May 16, 2022, and ending on May 31, 2025.

Reference: Clerk’s File No. 401-5

10. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

Reference: Clerk’s File No. 401-7
IX. PUBLIC HEARINGS

11. Public Hearing to Establish Solid Waste Collection Service Rates Recommended Action: Staff requests the City Council: 1) Conduct a public hearing and determine whether there is a majority protest to the proposed rates for solid waste collection services effective July 1, 2022; and 2) Adopt a Resolution (Attachment A) to establish rates for solid waste collection service effective July 1, 2022, if there is no majority protest (50 percent plus one).

Reference: Clerk’s File No. 401-7, 906-9

12. Introduction of an Ordinance to Accept Modifications to the 5th Cycle Housing Element Program 2G Local Coastal Program Amendment Pursuant to Coastal Commission Action
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to accept the modifications required for final certification of the 5th Cycle Housing Element Program 2G Local Coastal Program Amendment (LCPA) per action taken by the California Coastal Commission (CCC) on May 11, 2022.

Reference: Clerk’s File No. 304-7, 401-4
X. COUNCIL MEETING RECESS
Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. CITY COUNCIL OTHER BUSINESS

13. Consideration of a Request for a Letter of Support for Senate Bill 1105 (Hueso): San Diego Regional Equitable and Environmentally Friendly Housing Act
Recommended Action: Staff recommends that the City Council consider a request for a letter of support for Senate Bill 1105 (Hueso), the San Diego Regional Equitable and Environmentally Friendly Housing Act (S.D. REEF Act) from San Diego County Supervisor Terra Lawson-Remer.

Reference: Clerk’s File No. 401-7

14. Informational Summary of Draft Initial Study/Mitigated Negative Declaration for the Camino Del Mar Bridge Replacement Project
Recommended Action: Staff recommends the City Council receive the informational report that summarizes the findings of the draft Initial Study/Mitigated Negative Declaration (MND) environmental document prepared for the Camino del Mar Bridge Replacement Project.

Reference: Clerk’s File No. 901-3
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Druker) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Druker/Martinez) E. League of California Cities – San Diego Chapter (Worden/Martinez) F. North County Transit District (NCTD) (Quirk/Gaasterland/Druker) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) L. San Diego Metropolitan Wastewater JPA Advisory Committee to San Diego (Quirk/Bride)
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

June 6, 2022
Second Amendment to Agreement with Moffat & Nichol Extending Shoreline Management Program Two Years
Second Reading/Adoption of Ordinance Accepting CCC Modifications (HEI-OZ and Watermark Rezone)
Award of an Agreement for Street Sweeping Services
Resolutions Calling November 2022 Municipal Election
Del Mar City Council Regular Meeting May 16, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Appointments to Sustainability Advisory Committee (Tentative - Application Deadline 5/20) Appointments to Arts Advisory Committee (Tentative - Application Deadline 5/20) AB361 Continuation of Remote Public Meetings
Introduction of an Ordinance to Amend DMMC 30.84 Signs - Temporary Campaign Signs Riverpath Phase III MND/CUP Approval
Master License Agreement with Crown Castle for Small Cell Wireless Facilities XV. CERTIFICATION
I, Sarah Krietor, Acting City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 11th day of May, 2022, at approximately 1:30 p.m.
___________________________________________ 5/11/2022
Sarah Krietor, Acting City Clerk Date

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
MAY 2, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
Assistant City Attorney Christina Cameron reported that there were no recusals or reportable actions for the continued closed session discussion of Item C on April 18, 2022, following open session. For the May 2, 2022, closed session meeting there were no reportable actions; however, she reported that for Item A the City Council will be filing a motion with the Surface Transportation Board in support of the California Coastal Commissions (CCC) motion to stay North County Transit District’s (NCTD) Surface Transportation Board petition while the CCC’s lawsuit against NCTD under state law is pending.

PLEDGE OF ALLEGIANCE
Mayor Worden led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Worden opened public oral communications and former Mayor and City Councilmember Sherryl Parks spoke. City Council consensus was for staff to return with an agenda report at a future meeting addressing the traffic and parking concerns Sherryl Parks raised in her comments.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez reported on the fundraiser for Ukraine held at Viewpoint Brewery over the weekend. Mayor Worden reported on Beeside Balcony’s fundraiser to support Central Kitchen’s efforts in Ukraine; Del Mar’s quarterly non-profit meeting; City’s participation in the University of California sealevel rise adaptation webinar; recent complaints regarding graffiti and stickers in the community and appreciation to City Public Works staff for quick removal; State of California budget surplus; Monarch Butterfly Mayor’s Pledge; and Bike to Work Week beginning on May 19, 2022.

CITY MANAGER’S REPORT
City Manager Ashley Jones thanked the Del Mar Rotary Club and the Del Mar Village Association efforts to refurbish benches around town and for installing updated bench plaques on recently refurbished benches; reported on the Del Mar Village Associations (DMVA) and Tamarindo Del Mar’s 1 May 16, 2022 Item 02
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beach clean up event held on Monday, May 16, 2022, in partnership with Surfrider Foundation; and provided an update on the City’s new waste hauler, EDCO, who has been working hard in anticipation of taking over solid waste collection services July 1st.

CONSENT CALENDAR
Acting City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar.

There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 8 AND 10. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: APRIL 18, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED MAY 2, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Laura DeMarco as a voting member to the Finance Committee to serve a full three-year term effective May 2, 2022, and ending on May 31, 2025, on consent.

ITEM 5: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted resolution 2022-26, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 54953 RELATED TO ASSEMBLY BILL 361 IN

ORDER TO CONTINUE THE USE OF TELECONFERENCE OR A REMOTE MEETING PLATFORM TO FACILITATE REMOTE PUBLIC MEETINGS”, for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic, on consent.

ITEM 6: AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDED MEMORANDUM OF

UNDERSTANDING WITH SANDAG FOR REGIONAL SHORELINE MONITORING (CLERK’S FILE NO. 406-1, 1404-4, 1506-1)
2 May 16, 2022 Item 02
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Council authorized the City Manager to execute an amended Memorandum of Understanding (MOU) with SANDAG for continued participation in the Regional Shoreline Monitoring Program that extends the agreement term through July 31, 2024, and specifies the Program costs for FY 2022-23 and FY 2023-24, on consent.

ITEM 7: COUNCIL CONSIDERATION OF PHASE II PLANNING STUDIES TO IMPLEMENT THE CITY’S HOUSING ELEMENT (CLERK’S FILE NO. 304-7, 406-1) Council approved Task Order Agreement 2022-2 with Steven Dalton Associates (SDA) for preparation of a zoning assessment and architectural concepts for Phase II feasibility studies to facilitate development of potential incentives for Council consideration in order to facilitate production of deed-restricted lower income units on privately-owned properties; approved Task Order Agreement 2022-2 with Keyser Marston Associates (KMA) for preparation of Phase II feasibility studies and financial analysis to facilitate development of potential incentives for Council consideration in order to facilitate production of deed-restricted lower income ADUs and lower income units within multiple dwelling unit development on privately-owned properties; and authorized the City Manager to execute the Task Orders, on consent.

PUBLIC HEARING
ITEM 8: INTRODUCTION OF AN ORDINANCE TO EXTEND THE ACCESSORY DWELLING UNIT (ADU) PILOT PROGRAM (INCENTIVE PROGRAM) (CLERK’S FILE NO. 401-4) Mayor Worden opened and closed the public hearing and the item was moved to the consent calendar to introduce an Ordinance to extend the ADU Pilot Program, which is intended to incentivize creation of ADUs that are deed restricted affordable to low income households, on consent.

There were no public speakers.

ITEM 9: A DE NOVO PUBLIC HEARING OF AN APPEAL OF THE DESIGN REVIEW BOARD’S DECISION TO APPROVE DESIGN REVIEW PERMIT (DRB21-018), LAND CONSERVATION PERMIT (LC21-008), AND COASTAL DEVELOPMENT PERMIT (CDP21-012) TO DEMOLISH A 2,091 SQUARE-FOOT, ONE-STORY RESIDENTIAL STRUCTURE AND TO ALLOW CONSTRUCTION OF A NEW 2,000 SQUARE-FOOT,

TWO-STORY RESIDENTIAL UNIT WITH ASSOCIATED GRADING, LANDSCAPE, AND SITE IMPROVEMENTS AT 624 8TH STREET, IN THE R1-10 ZONE PROJECT APPLICANT: MATTHEW AND CHELSEA ZISKIN
APPELLANTS: NIGEL HOOK AND JANET WILSON
PROJECT LOCATION: 624 8TH STREET
(APN# 300-252-14-00)
(CLERK’S FILE NO. 301-12)
Councilmember Druker recused himself from participating in this agenda item due to his long-time professional and personal relationship with appellant Nigel Hook. Assistant City Attorney Cameron provided an overview of the City’s de novo hearing procedures. A presentation was provided by Associate Planner Jennifer Gavin.
3 May 16, 2022 Item 02
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Council questions focused on clarification of the proposed project’s floor area ratio; square footage of the existing house; clarification on the proposed project’s setbacks; whether the Design Review Board (DRB) considered noise impacts when reviewing the proposed project; average deck sizes for similar projects; clarification on the project’s proposed deck size compared to the square footage of the proposed home; whether the right-of-way in front of the project is located in the City of San Diego; whether a sump pump option would lower the height of the project; clarification on the bulk and mass Design Guidelines provisions and whether there are standards for how they should be implemented or applied; and clarification on whether any aspect of this project went to the Planning Commission for consideration.

Councilmember Gaasterland disclosed that she visited the project site from the street, visited the street on different days and at different times of day, visited the property to the east to view the project site from the driveway, and listened to the meeting feed for the DRB hearing. Councilmember Quirk disclosed that he visited the property, watched the DRB hearing, and reviewed the red dots and agenda materials. Deputy Mayor Martinez disclosed that she watched the DRB hearings, visited the Ziskin property with Chelsea Ziskin and architect Brian Church were present, and viewed the project’s story poles from the Wilson Hook property driveway but did not meet with the residents. Mayor Worden disclosed that he visited both sites and viewed the story poles, asked City Planning staff questions which were provide to the Council and public as a red dot, and read the red dots and agenda materials for the item.

Mayor Worden opened the item to public comment and the following people spoke:
1) Janet Wilson, Appellant
Mayor Worden closed the item to public comment.

The applicant’s representative Brian Church and the applicant, Chelsea Ziskin, provided a rebuttal addressing the public comments.

Council discussion focused on appropriate application of the City’s Design Review Ordinance and Design Guidelines related to the project and consideration of the areas of concern related to the project raised by staff in the agenda report.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR WORDEN TO REOPEN THE PUBLIC HEARING AND LAY ASIDE THE MOTION TO CONTINUE THE PROJECT. (MOTION FAILED WITH A VOTE OF 2-2-1 WITH COUNCILMEMBER DRUKER RECUSED) Ayes: Mayor Worden and Councilmembers Quirk; Noes: Councilmember Gaasterland and Deputy Mayor Martinez; Absent: Councilmember Druker; Abstain 0.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR

MARTINEZ TO CONTINUE THE PROJECT, WITH DIRECTION TO THE APPLICANT TO SEEK

TO SET THE HOUSE FURTHER BACK ON THE PROPERTY AND TO BE LESS CONCENTRATED ON THE EAST. (VOTE 3-1-1 WITH COUNCILMEMBER DRUKER RECUSED) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmember Gaasterland; Noes:

Councilmember Quirk; Absent: Councilmember Druker (recused); Abstain 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 6:46 p.m. to 7:00 p.m. 4 May 16, 2022 Item 02
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CITY COUNCIL OTHER BUSINESS
ITEM 10: DEL MAR VILLAGE ASSOCIATION’S (DMVA) PROPOSED “WELCOME SUMMER” BANNER AND FLAG PROGRAM (CLERK’S FILE NO. 1202-16)
This item was moved to the consent calendar for consideration and approval. Council approved the Del Mar Village Association (DMVA) “Welcome Summer” Banner and Flag Program proposal; and authorized the City Manager and DMVA Council liaisons to work with DMVA to finalize the design of the banners and implement the program, on consent. There were no public speakers for the item.

ITEM 11: FOLLOW-UP REPORT FROM CITY COUNCIL GOAL SETTING WORKSHOP REGARDING CITY COUNCIL WORK PLAN “WISH LIST” ITEMS FOR
CONSIDERATION (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant City Manager Kristen Crane. City Manager Jones and City department heads were available to answer questions.

There were no public speakers for the item.

Council discussed staff’s recommendations and provided direction on each of the “Wish List” items as provided below.

Reengagement on Short Term Rental (STR) Regulations: Council consensus was to support staff’s recommendation to re-engage on Short Term Rentals (STR) regulations in January 2023 beginning with extension of the forbearance period via Resolution of the City Council and a Request for Qualifications (RFQ) process to facilitate consultant selection for gathering data on the number of rentals and potential revenues from an STR Transient Occupancy Tax (TOT) or fee.

Consider Policy Regarding Accessory Dwelling Units to be used for Housing Only: Council consensus was to support staff’s recommendation for staff to engage the City Attorney’s Office, California Coastal Commission (CCC), and California Department of Housing and Community Development (HCD) to explore whether there are alternatives that may be incorporated into the local ordinance to meet the City Council’s intent to establish a policy that ADUs be used for housing only as part of the ADU ordinance update that is currently underway. At the Council’s request, City Manager Jones will work with the City Attorney’s office to potentially share Mayor Worden’s white paper on this topic with the whole City Council in a Brown Act compliant way.

Restart Underground Project Advisory Committee (UPAC): Council consensus was for the City Council liaisons to work with staff to reevaluate the Utility Project Advisory Committee (UPAC) Charter and return to Council with any proposed changes and a plan for restarting the Committee prior to starting construction for 1A and X1A.

Consider Policy Change Regarding Trimming of City Owned Trees: Council discussed a potential policy change regarding trimming of City trees for view blockage. Council questions and discussion focused on the City’s current practice of trimming trees for the health of the tree and for public safety; clarification on the City’s current process for resolving view blockage issues involving City owned trees; desire for a streamlined approach to address view blockage issues that involve City owned trees; and consideration of a policy change that would prioritize the trimming of City owned trees that block private views.
5 May 16, 2022 Item 02
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Council consensus was to include exploration of a potential policy change regarding trimming of City trees for view blockage in the Fiscal Year 2022-2023 Work Plan and to begin with a City Council discussion of the policy’s goals.

Trees Scenic Views and Sunlight (TSVS) Ordinance Update: Council consensus was to consider a comprehensive update to the Trees Scenic Views and Sunlight (TSVS) Ordinance as part of the potential City work plan during the next two-year budget process (Fiscal Years 2023-24 and 2024-25).

Revisions to Oversized Vehicle Ordinance: Council consensus was to refer revisions of the oversized vehicle ordinance to Traffic and Parking Advisory Committee (TPAC) to provide a recommendation to City Council on whether there is an issue with the City’s current regulations and, if there is an issue, to clarify the parameters of the issue.

Consider Building Electrification Ordinance: Council consensus was to review and consider the draft building electrification ordinance being prepared by the Sustainability Advisory Committee (SAC) in Fall 2022. Council would then determine whether to direct staff to complete additional work and finalize the proposed Ordinance for Council consideration and adoption.

City Attorney Services Request for Qualifications: Council consensus was to begin the Request for Qualification (RFQ) process for City Attorney services in February 2023.

Median Improvements: Council consensus was for City staff to work with the neighbors and Del Mar Garden Club to identify and replace plant materials in the median at 15th Street/Ave Primavera/Crest Canyon with the goals of the plants being low water, low maintenance, and adhere to City roadway safety standards.

Council discussed potential median improvements at Camino del Mar (Area 1) and Council questions focused on whether Design Review Board (DRB) approval and/or a Coastal Development Permit (CDP) would be required. Council consensus was to refer this item to the Parks and Recreation Committee to prioritize the various median improvement projects around town and provide a recommendation to the City Council.

Based on limited staffing and financial resources, Council concurred with staff’s recommendations to defer an update to the City’s Climate Action Plan (CAP); consideration of an Ordinance allowing for Cannabidiol (CBD) Retail Sales; and reevaluating City’s ability to collect a portion of Fairgrounds Admission Fees for consideration as part of a future goal setting or two-year budget process.

ITEM 12: PROPOSED CITYWIDE STAFFING PLAN (CLERK’S FILE NO. 502-1, 504-3) A presentation was provided by City Manager Jones.

Council questions focused on the City’s current full-time employee count and what the new full-time employee count would be if the proposed staffing plan were to be approved.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2022-27, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE RECLASSIFICATION OF THE

FACILITIES SUPERVISOR POSITION TO PUBLIC WORKS OPERATIONS MANAGER, THE 6 May 16, 2022 Item 02
City Council Regular Minutes
May 2, 2022

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RECLASSIFICATION OF ADMINISTRATIVE SERVICES DIRECTOR POSITION TO

ADMINISTRATIVE SERVICES MANAGER, AND AUTHORIZING THE ADDITION OF ONE

ASSOCIATE ENGINEER AND ONE BEACH AND COMMUNITY PATROL OFFICER I/II POSITIONS,

AND AMENDING THE COMPENSATION PLANS FOR MANAGEMENT, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES AND GENERAL EMPLOYEES.” (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 13: DEL MAR RENTAL ASSISTANCE PROGRAM UPDATE (CLERK’S FILE NO. 301-19, 303-1)
A presentation was provided by City Manager Jones.

Mayor Worden opened the item to public comment and the following people spoke:
1) David Ralph
2) Terry Kopanski, Del Mar Community Connection
Mayor Worden closed the item to public comment.

Council questions and discussion focused on clarification of the Rental Assistance Program (Program) as it relates the 6th Cycle Housing Element; clarification on the annual expenditure of the program and the average rent for each participant in the program; timing for exhausting Housing Assistance Fund reserves; support for extending the program through June 2023; Council desire to use Housing Assistance Funds towards facilitating production of affordable housing units and other critical Housing Elements goals; clarification on the reference to the Rental Assistance Program in the 6th Cycle Housing Element; and potential issue of equity and fairness related to the Program.

Council consensus was to authorize the extension of the deadline for discontinuing the Rental Assistance Program from June 30, 2022 to June 30, 2023.

ITEM 14: COUNCIL DISCUSSION REGARDING EXPECTATIONS FOR COUNCIL

REPRESENTATIVES TO OUTSIDE AGENCIES AND DEL MAR CITY COUNCIL OFFICIAL POSITION ON RAIL ISSUES (CLERK’S FILE NO. 1005-2, 1506-20) An introduction to the item was provided by Councilmembers Druker and Gaasterland.

Council questions and discussion focused on the need for Council representatives to outside agencies to follow Council policy and advocate for the City’s official positions; the need for City clarification on the City’s position related to rail related issues; the City’s official position related to the San Diego Association of Governments (SANDAG) Regional Transportation Plan and rail relocation; desire to reflect the language used in the 2022 Legislative Policy Guidelines in the letter to the North County Transit District (NTCD) Board; tunneling options in Del Mar included in the SANDAG Regional Transportation Plan; clarification on contents of the emails Councilmember Quirk sent to NCTD and SANDAG staff; consideration of a request for the City Council to revisit regional appointments; clarification on the contents of Councilmember Quirk’s presentation to the NCTD Board; and Council desire to receive timely updates from Council representatives to outside agencies.

There were no public speakers for the item.
7 May 16, 2022 Item 02
City Council Regular Minutes
May 2, 2022

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Council consensus was to authorize NCTD Alternate Board Members, Councilmembers Druker and Gaasterland to prepare a letter to send to the NCTD Board confirming the City’s official position with regard to safe crossings, rail relocation, and other significant rail related issues as may be appropriate.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance; Del Mar Village Association; Housing Subcommittee; Safe Rail Crossing and Bluff Stabilization Subcommittee; San Diego Regional Association of Governments (SANDAG) Board; Traffic and Parking Advisory Committee; SANDAG Shoreline Preservation Working Group; and Sustainability Advisory Committee.

ADJOURNMENT
Mayor Worden adjourned the meeting at 9:12 p.m.

Sarah Krietor, Acting City Clerk
8 May 16, 2022 Item 02

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
MAY 2, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

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

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. However, the City will be filing a motion with the Surface Transportation Board (STB) in support of the California Coastal Commission’s (CCC) motion to stay North County Transit District’s (NCTD) Surface Transportation Board petition while the CCC’s lawsuit against NCTD under state law is pending.

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Five
Description: 1) Liabilities related to fencing at/near NCTD rails (1 case); 2) Fats, Oils, & Grease Program regulatory compliance and enforcement (3 cases); and 3) Liability related to an alleged sewage spill and resulting threat of litigation (1 case) Authority: Government Code Section 54956.9(b)
Reportable Action: None.

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

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:21 P.M.

Sarah Krietor, Acting City Clerk
9 May 16, 2022 Item 02
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Approval of Fiscal Year 2022-23 Senate Bill 1 Funding for the Annual Pavement Rehabilitation Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council Adopt a Resolution (Attachment A) accepting Senate Bill 1 (SB 1) funding from the State of California as supplemental funding for the FY 2022-23 Citywide Annual Paving Project (Annual Pavement Rehabilitation).

DISCUSSION/ANALYSIS:

SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017, creating the Road Maintenance and Rehabilitation Account (RMRA) account. The purpose of SB 1 is to address the significant multi-modal transportation funding shortfalls statewide. In order for cities to obtain SB 1 RMRA funds, the law requires cities to maintain their existing commitment of local funds for street, road, and highway purposes. The amount of this commitment is calculated pursuant to Streets & Highways Code Section 2036.

In addition, cities are required to develop a list of projects they propose to be funded with SB 1 funds. If a city does not submit the list of projects as required, the city forfeits the funding. As such, the City of Del Mar must identify and adopt by resolution a list of projects proposed to be funded from the RMRA account.

For Fiscal Year 2022-23, the City of Del Mar is eligible to receive an estimated $88,194 in RMRA funding. SB 1 Local Streets and Roadways FY 2022-23 revenue projections are included with this report as Attachment B, subject to change by the State of California pending funds available. The City Council will update the final project budget allocations at the time of construction contract award based on the funding availability from the State and bids received.

Staff proposes to use this funding to supplement pavement rehabilitation costs for areas included in the FY 2022-23 Citywide Annual Paving Project. This funding would be used to supplement the cost of asphalt overlay, pavement marking, and drainage 1 May 16, 2022 Item 05
City Council Agenda Report
SB 1 Annual Pavement Rehabilitation Project
May 16, 2022

Page 2 of 2 ends

improvements at various locations. The identified project that staff proposes be funded partially with SB 1 revenues for Fiscal Year 2022-23 is listed in the following table:

Project Title Project
Description
Project Location(s) Estimated Project
Construction
Schedule
Estimated
Project
Useful Life
FY 2022-23
Citywide
Roadway
Improvements
Project
City of Del Mar
Pavement
Rehabilitation
Program
City Account:

On May 17, 2021, the City Council adopted Resolution 2021-17 accepting SB 1 funding from the State of California to be used to fund the FY 2021-22 Citywide Annual Pavement Management Program.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this item. SB 1 funding for FY 2022-23 will be included in the FY 2022-23 Amended Operating and Capital Budget for Council’s consideration in June 2022.

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:

The Annual Pavement Management Program is a Tier 1 City Council priority item.

ATTACHMENTS:

Attachment A – Resolution Accepting SB 1 Funding
Attachment B – LSR Projected Revenue FY 2022-23
2 May 16, 2022 Item 05
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Del Mar (City) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $88,194 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to solicit public input regarding the community’s transportation priorities/project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads and active transportation infrastructure throughout the City this year, as well as many similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and Attachment A
3 May 16, 2022 Item 05
Resolution No. 2022-XX

Page 2 of 3 ends

WHEREAS, the SB 1 project list and City’s overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, all locations listed are an estimate and have yet to be finalized.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account (RMRA) revenues:

40.7000.7009
Coast Boulevard,
Camino del Mar,
Carmel Valley
Road, Jimmy
Durante
Boulevard, and
minor repairs
throughout the City
Start: 08/22
Completion: 04/23
(based on the
component being
funded with RMRA
funds)
25 years
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 16th day of May, 2022. _____________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 May 16, 2022 Item 05
Resolution No. 2022-XX

Page 3 of 3 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 May 16, 2022 Item 05
Local Streets and Roads - Projected FY2021-22 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated January 2022 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL

SAN DIEGO COUNTY
CARLSBAD 683,144 979,457 427,740 930,978 10,000 3,031,319 2,392,314 5,423,633 CHULA VISTA 1,623,260 2,327,348 1,009,773 2,212,155 10,000 7,182,536 5,684,525 12,867,060 CORONADO 146,073 209,432 95,235 199,066 5,000 654,807 511,537 1,166,344 DEL MAR 25,184 36,108 20,392 34,321 1,000 117,005 88,194 205,199 EL CAJON 610,643 875,508 382,854 832,175 10,000 2,711,179 2,138,420 4,849,600 ENCINITAS 368,416 528,215 232,889 502,071 7,500 1,639,091 1,290,161 2,929,252 ESCONDIDO 897,176 1,286,325 560,249 1,222,658 10,000 3,976,408 3,141,837 7,118,246 IMPERIAL BEACH 164,273 235,526 106,502 223,868 6,000 736,169 575,269 1,311,438 LA MESA 352,381 505,226 222,962 480,219 7,500 1,568,288 1,234,009 2,802,297 LEMON GROVE 155,821 223,408 101,270 212,350 6,000 698,848 545,671 1,244,518 NATIONAL CITY 371,136 532,116 234,573 505,779 7,500 1,651,104 1,299,689 2,950,793 OCEANSIDE 1,045,432 1,498,887 652,035 1,424,699 10,000 4,631,053 3,661,017 8,292,070 POWAY 289,438 414,981 183,993 394,441 6,000 1,288,853 1,013,587 2,302,440 SAN DIEGO 8,345,724 11,965,672 5,171,702 11,373,426 20,000 36,876,524 29,226,040 66,102,563 SAN MARCOS 569,589 816,648 357,437 776,228 7,500 2,527,402 1,994,655 4,522,057 SANTEE 335,950 481,668 212,789 457,828 7,500 1,495,735 1,176,470 2,672,205 SOLANA BEACH 81,781 117,254 55,431 111,450 3,000 368,917 286,392 655,309 VISTA 610,791 875,720 382,945 832,376 10,000 2,711,832 2,138,938 4,850,770

SAN FRANCISCO COUNTY
SAN FRANCISCO 5,175,348 7,420,149 1,941,168 7,052,886 20,000 21,609,551 18,123,643 39,733,194

SAN JOAQUIN COUNTY
ESCALON 44,366 63,609 29,891 60,461 2,000 200,326 155,364 355,691 LATHROP 168,584 241,708 100,142 229,744 6,000 746,178 590,368 1,336,547 LODI 406,636 583,014 234,772 554,157 7,500 1,786,078 1,424,005 3,210,083 MANTECA 516,458 740,472 296,882 703,822 7,500 2,265,133 1,808,595 4,073,728 RIPON 96,361 138,157 59,297 131,319 4,000 429,134 337,448 766,582 STOCKTON 1,897,858 2,721,052 1,078,130 2,586,372 10,000 8,293,412 6,646,144 14,939,556 TRACY 583,187 836,144 334,620 794,758 7,500 2,556,209 2,042,273 4,598,482

SAN LUIS OBISPO COUNTY
ARROYO GRANDE 103,831 148,868 78,056 141,499 4,000 476,254 363,608 839,862 ATASCADERO 175,209 251,205 128,415 238,772 6,000 799,600 613,566 1,413,167 EL PASO DE ROBLES 183,785 263,501 134,466 250,459 6,000 838,211 643,599 1,481,811 GROVER BEACH 77,813 111,564 59,699 106,042 3,000 358,118 272,494 630,611 MORRO BAY 60,530 86,785 47,506 82,490 3,000 280,311 211,972 492,282 PISMO BEACH 47,956 68,756 38,634 65,353 2,000 222,700 167,937 390,637 SAN LUIS OBISPO 272,415 390,575 196,997 371,244 6,000 1,237,231 953,976 2,191,208 20 January 2022 CaliforniaCityFinance.com Page 12 of 16 6 May 16, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Second Reading and Adoption of an Ordinance to Extend the Accessory Dwelling Unit (ADU) Pilot Program (Incentive Program)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Ordinance (Attachment A) to extend the ADU Pilot Program, which is intended to incentivize creation of ADUs that are deed restricted affordable to low income households.

DISCUSSION/ANALYSIS:

On May 2, 2022, the City Council introduced the Ordinance to extend the ADU Pilot Program.

The program was initially adopted on May 21, 2018, as a way to incentivize the production of ADUs and JrADUs that are deed restricted affordable for rent to low income households. The program was initially adopted as a two-year pilot program and was extended by the Council to June 1, 2022. ADUs and JrADUs are small dwelling units that provide for independent living on the same site as a larger primary dwelling unit. ADUs are a Housing Element strategy to meet a portion of the City’s affordable housing obligations per State housing law.

Under the pilot program, in exchange for the owner’s commitment to provide an ADU or JrADU rental for 30 years as a low income rental unit, which is memorialized via a recorded deed restriction, a 500 square foot floor area bonus would be awarded to the property owner as an incentive. The 500 square foot bonus floor area is an incentive that allows an owner to exceed the maximum zone limit on floor area for a proposed addition that is not inclusive of the ADU or JrADU (i.e. bedroom addition to the primary dwelling unit).

Following are the parameters for the Pilot Program:
 Applications for the pilot program are administered by Planning Department staff.  In exchange for a deed restricted affordable ADU or JrADU rental for 30 years, a 500 square foot floor area bonus will be awarded.
 The unit must meet the criteria for standard ADUs or JrADUs as applicable. 1 May 16, 2022 Item 06
City Council Agenda Report
Extension of ADU Pilot Program
May 16, 2022

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 The owner must rent the ADU or JrADU at an affordable rent for 30 years. "Affordable Rent" means the maximum allowable rent for the ADU, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one bedroom or three persons in a two-bedroom.
 The owner must provide annual reporting (i.e. time rented, rent collected, tenant income) so that staff may incorporate the information into required housing annual progress reports to the State to demonstrate compliance as an affordable unit.  The 500 square foot floor area bonus will be subject to a Design Review permit.  The 500 square foot floor area bonus will be applied to the applicable zone maximum, which allows all residential lots including those developed to maximum floor area or that are legal non-conforming to participate in the Pilot Program.  In case of breach of contract, the City has the authority to invoke the remedies and enforcement penalties as provided for by law.

The Ordinance does not amend the City’s certified Local Coastal Program and is not subject to Coastal Commission approval. City Council adoption would constitute final action.

HOUSING IMPACT:

City Council adoption of the Ordinance implements Program 2A within the 6 th Cycle Housing
Element (planning period years 2021-2029), which identifies a target of producing 15 deed restricted ADUs for low income households. The Ordinance would extend the incentive program that is intended to facilitate production of deed restricted affordable ADUs. As part of a future action, the City Council will consider potential improvements to the ADU Pilot Program (i.e., additional incentives) to reach the Housing Element goal of 15 deed restricted low income ADUs by April 2029. If the City falls short of the 15 unit target, it will need to rely on other strategies to meet its RHNA target for production of 101 lower income units.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

As set forth in Public Resources Code Section 21080.17, an Ordinance to implement Government Code Sections 65852.1 and 65852.2 (relating to ADUs and JrADUs) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h); and the floor area incentive bonus of 500 square feet is exempt pursuant to CEQA Guidelines Sections 15301(e) (Additions to Existing Structures), 15302 (Replacement and Reconstruction), and 15303 (New Construction or Conversion of Small Structures).

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Housing Element implementation is necessary to meet State law and is a Council priority.

ATTACHMENTS:

Attachment A – Proposed Ordinance
Attachment B – ADU Pilot Program Contract
2 May 16, 2022 Item 06
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, EXTENDING A PILOT PROGRAM FOR

CREATION OF DEED RESTRICTED AFFORDABLE

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
WHEREAS, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) are small dwelling units that provide for independent living on the same site as a larger primary dwelling unit; and
WHEREAS, accommodating ADU and JrADU living options on the same premises as a primary dwelling unit, in proximity to services and employers, are desirable because it can result in multiple benefits to the community as a whole; and WHEREAS, the State of California adopted multiple new laws relating to Accessory Dwelling units (ADUs) and Junior Accessory Dwelling Units (JrADUs) that amended California Government Code section 65852.2 and 65852.22 and took effect on January 1, 2020; and
WHEREAS, State law requires that all local agencies provide a streamlined, ministerial review process for ADUs and JrADUs; and
WHEREAS, the Del Mar City Council adopted the existing Pilot Program on May 22, 2018, to encourage the creation of deed restricted affordable ADUs or JrADUs that the City can use to count towards the City’s regional housing obligation; and WHEREAS, the City Council adopted a two-year extension to the Pilot Program on June 1, 2020; and
WHEREAS, the proposed Ordinance is necessary to extend the existing Pilot Program that will expire on June 1, 2022, unless it is extended by the Del Mar City Council; and
WHEREAS, this ordinance is crafted to be consistent with California Government Code sections 65852.2 and 65852.22; and
WHEREAS, the Pilot Program relates to the City’s 6th Cycle Housing Element Program 2A which identifies deed restricted ADUs and JrADUs for low income households as a housing strategy to satisfy a portion of the City’s assigned Regional Housing Needs Assessment (RHNA) housing needs [Government Code sections 65583.1(a) and 65852.2(m)] to meet a target of 15 low income units; and WHEREAS, any property with an ADU or JrADU (existing or proposed) would be eligible for the City’s pilot program; and
WHEREAS, the exact income limits for the low income, very low income, and extremely low income units identified through the RHNA process are based on a Attachment A
3 May 16, 2022 Item 06
Ordinance No. XXX

Page 2 of 5 ends

combination of federal and state law whereby the United States Department of Housing and Urban Development (HUD) annually sets median family income (MFI) numbers to reflect its Section 8 income limits and changes thereto, and California’s Department of Housing and Community Development then relies on the HUD MFI numbers to annually determine California’s area median income (AMI) limits; and WHEREAS, a lower income household is defined by State law as people or families whose gross income does not exceed 80 percent of AMI and includes low income, very low income, and extremely low income households; and WHEREAS, an “Eligible Household” shall mean a household that has been determined to be eligible to be a tenant of the ADU as a lower income household; and WHEREAS, "Affordable Rent" shall mean the maximum allowable rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom; and WHEREAS, a commitment by the property owner to create a deed restricted affordable ADU or JrADU for rent for 30 years at an “affordable rent” in accordance with the pilot program would make the property eligible for a floor area bonus of 500 square feet via this Ordinance; and
WHEREAS, the Pilot Program will be effective for two years from the program effective date, without limit on the number of participating units, and may be extended by action of the City Council.

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

SECTION ONE:

An applicant for the Pilot Program shall submit the City’s universal development application and the Accessory Dwelling Unit application forms.

SECTION TWO:

The applicant shall demonstrate that the unit meets the adopted criteria applicable to a standard ADU or JrADU.

SECTION THREE:

The property owner shall record a deed restriction to memorialize the owner’s commitment to: 1) rent the ADU or JrADU at an “affordable rent” for a minimum of 30 years to any “eligible household”, and 2) to ensure the ADU or JrADU is continuously available for rental as a low income affordable unit, that the ADU or JrADU is not rented at market rate during the 30 year deed restriction, and that the ADU or JrADU shall not be used for any other purpose than rental as a low income affordable unit. 4 May 16, 2022 Item 06
Ordinance No. XXX

Page 3 of 5 ends

SECTION FOUR:

State law requires that the City provide an annual report to California’s Department of Housing and Community Development by April 1 of each year to report on the status of the City’s progress in meeting its regional housing obligation and in the implementation of adopted Housing Element goals. The property owner shall agree to provide annual reports by February 1 that identify the status of the deed restricted ADU or JrADU. Annual reports from the owner shall identify the total time rented during the prior calendar year, the rent collected, and shall include a statement of qualifying tenant income to demonstrate compliance with the maximum 80% area median income requirement.

SECTION FIVE:

Lots that are developed to the maximum floor area of the applicable zone or that are legal non-conforming are eligible to participate in the Pilot Program.

SECTION SIX:

Property owners who meet the requirements of the Pilot Program and program commitment shall be granted a floor area bonus of 500 square feet. Any proposed improvements to utilize the 500 square feet shall be subject to design review and the associated permit type in accordance with Del Mar Municipal Code Chapter 23.08.

SECTION SEVEN:

The City shall have the authority to invoke the remedies and enforcement penalties for violation of this ordinance as set forth in Chapter 1.08, or any successor section thereof, of the Del Mar Municipal Code. Breach of any agreement entered into arising from this ordinance shall be considered a violation of this ordinance. Notwithstanding the foregoing, the City shall also have the right to sue a property owner, for breaching the contract required by this ordinance, in the applicable state or federal court, not only for damages, but for specific performance of the contract. Nothing set forth in this Section shall serve to limit any other remedies available to the City at law or in equity and the City shall have the right to pursue all available remedies.

SECTION EIGHT:

As set forth in Public Resources Code Section 21080.17, adoption of an Ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2 (relating to ADUs and JrADUs) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h); and adoption of a pilot program with a floor area incentive bonus of 500 square feet maximum is exempt pursuant to CEQA Guidelines Sections 15301(e) (Additions to Existing Structures), 15302 (Replacement and Reconstruction), and 15303 (New Construction or Conversion of Small Structures).

SECTION NINE:

This Ordinance was introduced by the City Council on May 2, 2022. 5 May 16, 2022 Item 06
Ordinance No. XXX

Page 4 of 5 ends

SECTION TEN:

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

SECTION ELEVEN:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION TWELVE:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at a regular meeting held on the 16th day of May, 2022. ______________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
6 May 16, 2022 Item 06
Ordinance No. XXX

Page 5 of 5 ends

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, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
7 May 16, 2022 Item 06
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Del Mar
City Clerk's Office
1050 Camino Del Mar
Del Mar, CA 92014-2698
No fee for recording pursuant to
Government Code Section 27383
______________________________________________________________________________

COVENANT AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN

AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER

THIS COVENANT AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER (the "Covenant Agreement") is made and entered into as of _____________________, 20_____ (the "Effective Date"), by and between the City of Del Mar, a municipal corporation (the "City"), and _________________________, or any successor in interest (collectively, the "Owner") with reference to the following:

RECITALS
A. Whereas, the Owner is the fee owner of certain real property in the City of Del Mar, California, which is more particularly described in Exhibit A (the "Property"). As of the Effective Date of the Covenant Agreement, two (2) housing units are located, or will be constructed, on the Property. One unit shall be referred to herein as the "Primary Unit" and the other unit shall be referred to herein as the "Accessory Dwelling Unit". Such units are designated on Exhibit B.

B. Whereas, the Owner voluntarily requested to participate in the City’s Pilot Program in accordance with City Council Ordinance No. 2018-xx, which requires that the City and the participating Owner enter into the Covenant Agreement governing rental of the Accessory Dwelling Unit as an affordable housing unit.

C. Whereas, City Council Ordinance No. 2018-xx requires that the Covenant Agreement be recorded with the San Diego County Recorder.

D. Whereas, this Covenant Agreement shall run with the land and be binding upon the parties, their heirs, assigns, and successors in interest.

E. Whereas, in conjunction with the Covenant Agreement, and commitment by the Owner to rent the Accessory Dwelling Unit at a maximum of thirty percent (30%) of gross income for a person earning no more than eighty percent (80%) of the area median income for a Attachment B
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minimum of 30 years, the Owner received approval of a 500 square foot floor area bonus Incentive from the City in exchange for the Owner’s commitment to participate in the Pilot Program pursuant to City Council Ordinance No. 2018-xx.

NOW THEREFORE, it is hereby agreed by and between the City and the Owner (each a "Party", and, collectively, the "Parties") as follows:

ARTICLE 1

DEFINITIONS
As used in this Covenant Agreement, the terms set forth below shall have the following meanings (other defined terms herein not referenced below shall have the meanings where first used).

1.1 "Affordable Rent" means the maximum allowable Rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a onebedroom or three persons in a two-bedroom.

1.2 "Eligible Household" means a household that has been determined to be eligible to be a Tenant of the Accessory Dwelling Unit as a Low Income Household.

1.3 "HCD" means the State of California Department of Housing and Community Development, or any successor

1.4 "HUD" means the U.S. Department of Housing and Urban Development, or any successor.

1.5 "Low Income Household" means a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as determined by HUD and published annually by the State of California. As of the Effective Date, such income limit is approximately equal to eighty percent (80%) of Median Household Income.

1.6 "Median Household Income" means median yearly income in San Diego County as determined by HUD and published by HCD.

1.7 "Rent" means the total monthly payment by the Tenant of the Accessory Dwelling Unit for all of the following: (1) use and occupancy of the Accessory Dwelling Unit and land and all facilities associated with the Accessory Dwelling Unit, including but not limited to parking, storage, and use of any common areas; (2) any separately charged fees or service charges assessed by the Owner to the Tenant, except security deposits; (3) an allowance for utilities paid by the Tenant as established by the San Diego County Housing Authority, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV; and (4) any other interest, taxes, fees or charges for use of the Property or associated facilities that are assessed by a public or private entity other than the Owner and paid by the Tenant. 9 May 16, 2022 Item 06
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1.8 "Tenant" means an Eligible Household entitled by written or oral agreement with the Owner to have the exclusive right to occupy the Accessory Dwelling Unit as a home or residence to the exclusion of all others.

ARTICLE 2

OWNER'S OBLIGATIONS

2.1 Rental of Accessory Dwelling Unit to Eligible Households. The Owner shall ensure that the Accessory Dwelling Unit is rented to, and occupied by, an Eligible Household in accordance with this Agreement. The Owner shall not use the Accessory Dwelling Unit for any other purpose other than as set forth in this Covenant Agreement. The Accessory Dwelling Unit shall remain continuously available for rent by an Eligible Household and shall not be used for any purpose other than rental as an affordable unit to an Eligible Household. (a) Income Certification. The Owner shall not enter into a lease or rental agreement, or receive Rent from a Tenant, for the Accessory Dwelling Unit unless the Owner has made a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of initial tenant income certifications and documents used to verify income obtained by Owner shall be provided to the City upon execution of any lease agreement with a Tenant.
(b) Maximum Allowable Rent. The maximum Rent charged to the Tenant of the Accessory Dwelling Unit shall not exceed Affordable Rent. (c) Increased Income of Tenants. If, upon recertification of a Tenant's income pursuant to Section 2.2, the Owner determines that the Tenant's household income has increased and exceeds the qualifying income for a Low Income Household, then such Tenant shall continue to be considered an "Eligible Household", and shall be permitted to continue to occupy the Accessory Dwelling Unit, at the rent set forth in subsection (c), above; provided, however, nothing in this Agreement shall prohibit the Owner from terminating such tenancy upon the expiration of such Tenant's lease. Following such Tenant's vacancy, the Owner shall lease the Accessory Dwelling Unit to an Eligible Household. (d) Information. At the request of the Owner, the City shall provide the Owner with the low and very low income limits applicable to San Diego County, adjusted for household size, as published from time to time by HCD.

2.2 Annual Certification. The Owner shall certify the Tenant's household income on an annual basis using the process set forth in Section 2.1(a) above. The Owner shall 10 May 16, 2022 Item 06
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provide the City with a certification, in the form attached as Exhibit C, as well as copies of supporting documents used to verify the certification, no later than June 30th of each year of the Term setting forth the following information with respect to the Tenant occupying the Accessory Dwelling Unit: unit address, Tenant name, size of Tenant's household, unit size, and date first occupied, and a copy of the annual income certification obtained by the Owner from the Tenant.

The purpose of the yearly Owner certification is to document Owner's compliance with the restrictions set forth herein.

2.3 Lease Provisions. The Owner shall use a form of Tenant lease (the "Tenant Lease") approved by the City for the Accessory Dwelling Unit. The City shall either approve or specify its basis for disapproval, if any, within thirty (30) days after the Owner submits such proposed form lease to City. The Tenant Lease shall, among other matters:
(a) Provide that the Rent may not be raised more often than once every twelve (12) months. The Owner will provide the Tenant with at least sixty (60) days written notice of any increase in Rent, and any Rent increase shall not violate the limitations imposed by this Agreement;
(b) Prohibit the Accessory Dwelling Unit (or any portion of the Accessory Dwelling Unit) from: (i) any sublease, except as permitted by Section 2.6 below; (ii) use as a "short-term vacation rental" for rent less than 30 days for tourist or transient use; and (iii) being listed on any "hosting platform" (as defined in California Business & Professions Code 22590, as may be amended from time to time), including, but not limited to any Internetbased "hosting platform", such as "airbnb.com", or any similar service; (c) Require the Tenant to provide an annual income certification to the Owner with supporting documentation as set forth in Section 2.1(a) above; (d) Include, at Owner's option, the obligation for Tenant to provide a security deposit not exceeding two months' rent; and
(e) Be for an initial term of one year.

2.4 Inspection. For purposes of confirming compliance with this Agreement, the Accessory Dwelling Unit shall be made available by Owner to be inspected by the City during regular business hours upon seventy-two (72) hours' written notice; provided, however, that any such inspection shall occur only once during any twelve (12) calendar month period unless: (i) the City receives a complaint that a Tenant is occupying the Accessory Dwelling Unit in violation of this Agreement (or that the Owner is otherwise violating this Agreement); or (ii) a new Tenant is occupying the Accessory Dwelling Unit, in which case City may re-inspect. The Owner hereby irrevocably grants the City (and its agents) a right of entry to enter the Property for the purposes of such inspection.

2.5 Records. The Owner shall maintain reasonably complete and accurate records pertaining to such rental of the Accessory Dwelling Unit throughout the duration of each tenancy. Owner shall permit any authorized representative of the City to inspect such records of any current Tenant upon reasonable notice, including those resident files pertaining to said 11 May 16, 2022 Item 06
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rental, for the purpose of confirming compliance with the terms, conditions and covenants of this Agreement.

2.6 Assignments and Subletting. The Owner shall at no time permit the Tenant to assign its leasehold interest in the Accessory Dwelling Unit or to sublet all or a portion of the Accessory Dwelling Unit to any person other than to another Eligible Household. Owner shall have the right to approve or disapprove any proposed assignment or sublease at Owner's sole discretion; provided that prior to approving any proposed assignment or sublease, Owner shall comply with the provisions of Section 2.1 above to confirm the eligibility of the proposed assignee or sub-lessee.

2.7 Agreement to Limitation on Rents.
(a) The Owner acknowledges that the Property, as a component of the agreement to participate in the Pilot Program, received a 500 square foot floor area bonus from the City as an Incentive, and the Incentive is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where an owner has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a property owner has so agreed by contract. The Owner hereby agrees to limit the Rents for the Accessory Dwelling Unit, as provided in this Agreement, in consideration of the Property's receipt of the Incentive and further agrees that any limitations on Rents imposed on the Accessory Dwelling Unit are in conformance with the Costa-Hawkins Act.
(b) The Owner further warrants and covenants that the terms of this Agreement are fully enforceable. The Owner agrees and acknowledges that the City would not have provided approval of the 500 square foot floor area bonus Incentive without the Owner’s commitment to record this Covenant Agreement against the Property and comply with the restrictions imposed by this Agreement.

2.1 Deeds. Owner acknowledges that this Covenant Agreement shall be recorded against the Property with the San Diego County Recorder and shall be a covenant running with the land for the term set forth herein as set forth in Section 5.6 below. Any deed transferring any fee interest in the Property shall include the following language; provided, however, the failure to include the following language shall not limit, waive, or impair the obligations set forth in this Covenant Agreement:

2.2 NOTICE: THE ACCESSORY DWELLING UNIT ON THIS PROPERTY IS

REQUIRED TO BE RENTED TO PERSONS MEETING CERTAIN ELIGIBILITY

REQUIREMENTS AT A BELOW-MARKET RATE RENT, PURSUANT TO THE CITY OF DEL MAR PILOT PROGRAM. FOR MORE INFORMATION, SEE THE AGREEMENT RECORDED AGAINST THIS PROPERTY ENTITLED “COVENANT

AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN
AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER”. THE 12 May 16, 2022 Item 06
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RESTRICTIONS SET FORTH IN THE COVENANT AGREEMENT BIND ALL HEIRS, ASSIGNS, AND SUCCESSORS IN INTEREST TO THIS DEED.

ARTICLE 3
TERM

3.1 Term. This Agreement shall become effective as of the Effective Date and shall remain in full force and effect for a term of thirty (30) years following the recordation of this Agreement with the San Diego County Recorder unless the City elects, in the City's sole discretion, to terminate this Covenant Agreement by written instrument recorded with the San Diego County Recorder.

ARTICLE 4

DEFAULT

4.1 Violations by Owner. Failure of the Owner to cure any default in the Owner's obligations under the terms of this Covenant Agreement within thirty (30) days after the delivery of a written notice of default from the City (or such longer period of time up to an additional sixty (60) days as may be necessary to remedy such default, provided that the Owner has commenced action during the thirty (30) days necessary to remedy such default, and the Owner is proceeding with reasonable diligence to remedy such default) will constitute a default under this Agreement.

4.2 Remedies. Subject to the applicable notice and cure period set forth above, the City may exercise any and all remedies available to it at law or equity with respect to the Owner's failure to satisfy the terms of this Covenant Agreement. Owner acknowledges that any breach in Owner's performance of Owner's obligations under this Covenant Agreement shall cause irreparable harm to the City, and materially impair the public policy objectives set forth by the Del Mar City Council in the Del Mar Community Plan and Housing Element. Therefore, Owner agrees that the City is entitled to equitable relief in the form of specific performance, and that an award of damages may not be adequate to compensate the City for Owner's failure to perform according to the terms of this Covenant Agreement. Notwithstanding the foregoing, the City, in its sole and absolute discretion, may elect the appropriate remedy for Owner's default under this Covenant Agreement. The rights and remedies set forth in this Agreement are not exclusive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or in equity or by statute or otherwise.

ARTICLE 5

GENERAL PROVISIONS

5.1 Notices. All notices required pursuant to this Covenant Agreement shall be in writing and shall be deemed to have been duly given (a) upon personal delivery, including 13 May 16, 2022 Item 06
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delivery by courier, or (b) three (3) business days after the mailing by registered or certified mail, return receipt requested, to the Party to receive such notice at the addresses set forth below:

To the City:

City of Del Mar
Planning Department
1050 Camino Del Mar
Del Mar, CA 92014-2698
Attn: Planning Director
To the Owner:
___________________________
___________________________
___________________________
Any Party may change the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above.

5.2 Entire Agreement. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated into this Covenant Agreement by this reference. This Covenant Agreement contains the entire agreement between the Parties as to the subject matter hereof, and supersedes any and all prior arrangements and understandings between the Parties, and no other agreement, statement or promise made by either Party hereto which is not contained herein shall be binding or valid provided, however, that nothing in this Section limits the effect or enforceability of the City of Del Mar Municipal Code. This Covenant Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties have read and reviewed this Covenant Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time) shall not apply to the interpretation of this Covenant Agreement. In the event of any conflict between the terms of this Covenant Agreement, and the terms of the disclosure statement executed by the City and the Owner in conjunction with this Covenant Agreement, the terms of this Covenant Agreement shall prevail.

5.3 Amendment. This Covenant Agreement may be amended only by the written agreement of the Parties which shall be recorded with the County Recorder.

5.4 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is held to be invalid, void or unenforceable by any court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or 14 May 16, 2022 Item 06
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unenforceable pursuant to any California statute which became effective after the Effective Date, the remaining portions of this Agreement shall nevertheless remain in full force and effect.

5.5 Waiver. The waiver of or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provisions hereof.

5.6 Covenant Running with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, Owner and its heirs, executors, administrators, successors, transferees, and assignees (each a "Transferee") having or acquiring any right, title or interest in or to any part of the Property, whether by operation of law or in any manner whatsoever, and shall run with and burden the Property for the entire Term unless or until released in accordance with Article 3. All of the provisions of this Covenant Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including without limitation Section 1468 of the California Civil Code. Each covenant to do, or to refrain from doing, some act on the Property hereunder: (a) is for the benefit of the Property and is a burden on the Property, (b) runs with the Property, and (c) is binding upon each Party and each successive owner during its ownership of the Property or any portion thereof, and shall be a benefit to and a burden upon each Party and the Property hereunder and each other person or entity succeeding in an interest to the Property.

5.7 Assignment and Assumption; Release. Provided that a Transferee expressly assumes Owner's obligations hereunder pursuant to an assignment and assumption agreement in a form approved by the City in connection with the transfer of any part of the Property, the Owner shall be released from all obligations following the recordation of such assignment and assumption agreement in the Official Records.

5.8 Non-Discrimination. The Accessory Dwelling Unit shall be available for occupancy to members of the general public. The Owner shall not give preference to any particular class or group of persons in renting the Accessory Dwelling Unit or selling the Property, except to the extent that the Accessory Dwelling Unit is required to be rented to Eligible Households; provided, however, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), age, ancestry, disability, or any other basis prohibited by the Fair Housing Act or the Fair Employment and Housing Act in the leasing, transferring, use, occupancy, tenure, or enjoyment of the Accessory Dwelling Unit nor shall the Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants of the Accessory Dwelling Unit. The Owner has agreed to the obligations set forth in this Section in consideration for the Incentive.

5.9 Relationship of Parties. Nothing contained in this Covenant Agreement shall be deemed or construed by the Parties or any third party to create the relationship of principal and agent or of partnership or of joint venture or of association. The relationship of the Parties is that of an owner of real property and an administrator of a City pilot program to incentivize production of Accessory Dwelling Units that are deed restricted as affordable 15 May 16, 2022 Item 06
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housing; furthermore, the Parties agree and acknowledge that this Agreement is in furtherance of the inherent power of City to regulate the use of land within City's jurisdiction. Owner further acknowledges, understands and agrees that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Accessory Dwelling Unit (or any other portion of the Property). The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage as set forth in Section 5.10. Any review by the City of any documents submitted by the Owner to the City pursuant to this Agreement, including, but not limited to any Tenant Lease, is solely to confirm compliance with the requirements of this Agreement and shall not be deemed to be a representation of any kind of the validity or legal enforceability of such document(s).

5.10 Hold Harmless; Indemnity. Owner shall indemnify, defend (with counsel reasonably selected by the City), and hold harmless the City and its officers, officials, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury or death of any person or damage to property or other liability of any nature, or any claims by a Tenant, a former Tenant or prospective Tenant, arising out of Owner's performance of its obligations hereunder, except where the cause of such is the gross negligence or willful misconduct of the City. The indemnification obligations set forth in this Section shall survive any termination or expiration of this Agreement.

5.11 Applicable Law and Venue. This Covenant Agreement shall be governed by California law. Jurisdiction for any dispute arising from this Covenant Agreement shall be the Superior Court of California. Venue for any dispute arising out of this Covenant Agreement shall be San Diego County, or as set forth in the California Civil Code for agreements relating to real property.

5.12 Attorneys' Fees and Costs. In the event any action or proceeding in court or other dispute resolution mechanism permitted under this Covenant Agreement is commenced by either party to interpret or enforce the terms of this Agreement, the prevailing Party therein shall be entitled to recover from the non-prevailing Party all of the prevailing Party's reasonable costs and expenses in connection therewith, including on any appeal and including expert witness fees, document copying expenses, exhibit preparation costs, carrier expenses and postage and communication expenses, and reasonable attorneys' fees and costs for the services rendered to the prevailing Party in such action or proceeding (which shall include the reasonable costs for services of the City's in-house counsel).

5.13 Time is of the Essence. In all matters under this Covenant Agreement, the Parties agree that time is of the essence. References in this Agreement to days shall be to calendar days. If the last day of any period to give or reply to a notice, meet a deadline or undertake any other action occurs on a day that is not a day of the week on which the City of Del Mar is open to the public for carrying on substantially all business functions (a "Business Day"), 16 May 16, 2022 Item 06
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then the last day for giving or replying to such notice, meeting such deadline or undertaking any such other action shall be the next succeeding Business Day. In no event shall a Saturday or Sunday be considered a Business Day.

5.14 Interpretation. The use in this Covenant Agreement of the words "including", "such as" or words of similar import when used with reference to any general term, statement or matter shall not be construed to limit such statement, term or matter to the specific statements, terms or matters, unless language of limitation, such as "and limited to" or words of similar import are used with reference thereto. The headings of this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. All pronouns and variations thereof shall be deemed to refer to the masculine, feminine, or neuter, and to the singular or plural, as the identity of the party or parties may require.

5.15 Government Standards. In the event any standard established and maintained by any governmental agency which is necessary to give effect to this Covenant Agreement ceases to exist, and no comparable replacement is issued, the Parties shall create a replacement standard utilizing the formula and factors previously used to create the discontinued standard.

5.16 No Limitation on Municipal Powers. Nothing in this Covenant Agreement shall limit, waive, or otherwise impair the authority and discretion of: (a) the City's Building Department, in connection with the review and approval of any proposed construction plans for the Property (or any change to such plans), or any use, or proposed use, of the Property; or (b) any other office or department of the City acting in its capacity as a governmental regulatory authority with jurisdiction over the development, use, or operation of the Property.

5.17 Counterparts. This Covenant Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts, which shall constitute one and the same agreement.

Remainder of Page Left Intentionally Blank
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{Client Files/4630/1/K/S0458411.DOCX} 1010\17\2059295.1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.

PROPERTY OWNER: [Notarization of signature shall be attached or provided below] By: _____________________________________ Date:

Signature: _____________________________________
CITY OF DEL MAR: [Notarization not required]
By:_____________________________________ Date:_____________________ Signature: _____________________________________
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STATE OF CALIFORNIA

COUNTY OF SAN DIEGO
On ______________________ before me,
(here insert name and title of the officer), personally appeared _________________________ _______________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
________________________
Notary Signature
A notary public or other officer
completing this certificate verifies
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A

PROPERTY LEGAL DESCRIPTION
[To be Inserted]
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EXHIBIT B

DRAWING DEPICTING PRIMARY UNIT AND

ACCESSORY DWELLING UNIT ON PROPERTY
[To be Inserted]
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EXHIBIT C

FORM OF OWNER CERTIFICATION
To: City of Del Mar ("City")
From: _________________________ [name of owner(s)] ("Owner(s)") Address of Property: __________________________ ("Property") Date: _______________________
By signature below, I/we _____________________ [insert name or names of Owner(s)] hereby certify to the City, under penalty of perjury, that the second dwelling unit located on the Property (the "Accessory Dwelling Unit") is being utilized in accordance with the "Covenant Agreement per the City of Del Mar Pilot Program Governing Rental of the Accessory Dwelling Unit as an Affordable Housing Unit by the Participating Owner" (the "Covenant Agreement") recorded against the Property.

In accordance with Section 2.2 of the Covenant Agreement, I/we provide the following information regarding the Accessory Dwelling Unit:

1. Tenant name: __________________

2. Size of Tenant's household: _____________________

3. Accessory Dwelling Unit size (interior floor space in square feet):_________________

4. Date Accessory Dwelling Unit first occupied by Tenant:_________________________

5. A copy of the Tenant's annual income certification is attached.

This Owner Certification is signed on _________________, 20____, under penalty of perjury.

By: ______________________________
Owner signature
Date:
______________________________
Due Date: June 30 of each calendar year.
22 May 16, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Environmental Sustainability and Special Projects Manager Kristen M. Crane, Assistant City Manager
Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Third Amendment to Animal Services Contract with the San Diego Humane Society
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council approve the Third Amendment to the City of Del Mar’s Animal Services Agreement (Agreement) with the San Diego Humane Society (SDHS) to extend the term of the Agreement to June 30, 2023 (Attachment A); and authorize the City Manager to sign the Third Amendment.

BACKGROUND
The City of Del Mar executed a three-year Agreement with SDHS for animal control and shelter services in May 2018 (Attachment B). The initial term expired June 30, 2021, but the Agreement has two one-year extensions that can be exercised upon mutual agreement of both parties. Services provided to Del Mar by SDHS include shelter and care of dogs, cats and other domesticated animals; enforcement of animal laws and public protection; and additional community outreach and engagement services, such as adoption events, pet education classes, and provision of low-cost services like spay/neutering, microchipping and vaccinations.

In December 2019, the City adopted the First Amendment to the Agreement to reconcile the cost of service for Del Mar with the actual scope of work performed by SDHS on behalf of the City (Attachment C). SDHS’s initial compensation for services used a formula based on the City’s percentage of total calls of service, total animals taken in, and total population for the cities of Santee, Solana Beach, Carlsbad, Encinitas, San Diego, and Del Mar. The First Amendment to the Agreement altered the annual compensation to SDHS to track with the San Diego region Consumer Price Index (CPI). The First Amendment also allows SDHS to propose cost increases above CPI should Del Mar’s use of their services increase during the duration of the contract. SDHS is required to report any projected increase that exceeds 3% of CPI by January 31 for the upcoming contract year. SDHS also provides the City with a budget packet and expense breakdown, 1 May 16, 2022 Item 07
City Council Agenda Report
Animal Services Contract – Third Amendment
May 16, 2022

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including any explanations for changes in compensation not related to changes in CPI, by March 31 of each year.

On July 1, 2021, the City and SDHS executed the Second Amendment to the Agreement to extend the Agreement term for an additional one-year period through June 30, 2022, pursuant to Section 15.2 of the Agreement (Attachment D).

For Fiscal Year (FY) 2020-2021, the City compensated SDHS $39,876 for animal services. For FY 2021-2022, the City compensated SDHS $40,872, which reflected a 2% increase from the prior fiscal year. For FY 2022-2023, SDHS projects the City’s compensation to be $42,966, which reflects a CPI-related 5% increase.

DISCUSSION/ANALYSIS:

Staff has been highly satisfied with SDHS’s performance over the past four years in executing the scope of services. There are also no other viable animal control service providers in San Diego County to potentially contract with. Therefore, staff recommends the City Council adopt the Third Amendment to the Agreement to exercise the final oneyear extension extending the term of the Agreement to June 30, 2023.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. The proposed Third Amendment only extends the initial term by one year and does not alter any other contract provision or the City’s annual compensation owed to SDHS.

Funds for these services are included in the proposed operating budget for Fiscal Year 2022-2023.

ENVIRONMENTAL REVIEW:

ATTACHMENTS:

Attachment A – Third Amendment to the Agreement with SDHS Attachment B – Agreement with SDHS for Animal Services
Attachment C – First Amendment to the Agreement with SDHS Attachment D – Second Amendment to the Agreement with SDHS 2 May 16, 2022 Item 07
Attachment A

THIRD AMENDMENT TO

THE ANIMAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND THE SAN DIEGO HUMANE SOCIETY AND S.P.C.A.

THIS THIRD AMENDMENT (“Third Amendment”) to the Animal Services Agreement between the City of Del Mar and the San Diego Humane Society and S.P.C.A., dated May 7, 2018 and amended on December 2, 2019, and July 1, 2021 (collectively, the “Agreement”), is made and entered into as of May 16, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and the San Diego Humane Society and S.P.C.A., a California nonprofit corporation (“SDHS”), (collectively, the “Parties”).

Recitals:

WHEREAS, the Parties entered into that certain Agreement for animal sheltering and field services in the City on May 7, 2018, the term of which expires on June 30, 2022; and WHEREAS, the Parties entered into the First Amendment to the Agreement on December 2, 2019, in order to adjust the compensation provision of the Agreement as mutually agreed upon by both Parties; and
WHEREAS, the Parties entered into the Second Amendment to the Agreement on July 1, 2021, to extend the Agreement term for an additional one-year period through June 30, 2022, pursuant to Section 15.2 of the Agreement; and
WHEREAS, the Parties mutually desire to enter into a Third Amendment to the Agreement to extend the Agreement term for an additional one-year period through June 30, 2023, pursuant to Section 15.2 of the Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. The term of the Agreement, as set forth in Section 15.1 of the Agreement, is hereby extended for an additional one-year period through June 30, 2023.

2. This Third Amendment and Agreement contain the entire agreement and understanding between the Parties with respect to the subject matter hereof. No amendment or modification of this Third Amendment or the Agreement shall be binding unless executed in writing by the Parties hereto.

3. Except as otherwise expressly provided above, all other provisions and conditions of the Agreement and previous amendments shall continue and remain in full force and effect. 3 May 16, 2022 Item 07
Attachment A
IN WITNESS WHEREOF, the Parties have executed and entered into this Third Amendment as of the date first written above.

City of Del Mar,
a chartered municipal corporation
By: _
Ashley Jones, City Manager
ATTEST:

By:

Sarah Krietor, Acting City Clerk
APPROVED AS TO FORM:

By: _
Leslie E. Devaney, City Attorney
San Diego Humane Society and S.P.C.A.,
a California nonprofit corporation
By: _
Gary Weitzman, President and CEO
By:

Michael Lowry, Senior Vice President and
CFO
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SECOND AMENDMENT TO

THE ANIMAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND THE SAN DIEGO HUMANE SOCIETY AND S.P.C.A.

THIS SECOND AMENDMENT (“Second Amendment”) to the Animal Services Agreement between the City of Del Mar and the San Diego Humane Society and S.P.C.A., dated May 7, 2018 and amended on December 2, 2019 (collectively, the “Agreement”), is made and entered into as of July 1, 2021, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and the San Diego Humane Society and S.P.C.A., a California nonprofit corporation (“SDHS”), (collectively, the “Parties”).

Recitals:

WHEREAS, the Parties entered into that certain Agreement for animal sheltering and field services in the City on May 7, 2018, the term of which expires on June 30, 2021; and WHEREAS, the Parties entered into the First Amendment to the Agreement on December 2, 2019, in order to adjust the compensation provision of the Agreement as mutually agreed upon by both Parties; and
WHEREAS, the Parties mutually desire to enter into a Second Amendment to the Agreement to extend the Agreement term for an additional one-year period through June 30, 2022, pursuant to Section 15.2 of the Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. The term of the Agreement, as set forth in Section 15.1 of the Agreement, is hereby extended for an additional one-year period through June 30, 2022.

2. This Second Amendment and Agreement contain the entire agreement and understanding between the Parties with respect to the subject matter hereof. No amendment or modification of this Second Amendment or the Agreement shall be binding unless executed in writing by the Parties hereto.

3. Except as otherwise expressly provided above, all other provisions and conditions of the Agreement and previous amendments shall continue and remain in full force and effect. 27 May 16, 2022 Item 07
Attachment A
IN WITNESS WHEREOF, the Parties have executed and entered into this Second Amendment as of the date first written above.

City of Del Mar,
a chartered municipal corporation
By: _________________________________
Ashley Jones, Interim City Manager
ATTEST:

By: _________________________________
Sarah Krietor, Acting City Clerk
APPROVED AS TO FORM:

By: _________________________________
Leslie E. Devaney, City Attorney
San Diego Humane Society and S.P.C.A.,
a California nonprofit corporation
By: _________________________________
Gary Weitzman, President and CEO
By: _________________________________
Name: ___________________________
Its: ______________________________
28 May 16, 2022 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Fourth Amendment to Professional Services Agreement with Kleinfelder, Inc. for Preliminary Engineering and Project Approval/Environmental Documentation (PA/ED) for the Camino del Mar Bridge Project REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the Fourth Amendment to an Agreement with Kleinfelder, Inc. (Attachment A) for preliminary engineering work required for the Camino del Mar Bridge Project extending the term of the Agreement for a oneyear period through June 30, 2023; and 2) Authorize the City Manager to execute the Fourth Amendment.

DISCUSSION/ANALYSIS:

The Camino del Mar Bridge over the San Dieguito River is structurally deficient, scour critical (foundation erosion), seismically and flood vulnerable, and hydraulically disruptive.

Replacement of the Camino del Mar Bridge (Project) qualified for the Caltrans Eligible Bridge List in 2008, and is therefore eligible for 88.53% reimbursement from the Federal Highway Bridge Program with Caltrans oversight/approval through the Local Assistance Program. The City is responsible for the remaining 11.47% of funding for the project as the required match funding.

In January 2012, a Request for Qualifications (RFQ) was issued and Kleinfelder, Inc. was selected to conduct a bridge evaluation study, referred to as Work Stage A. In May 2017, the City executed an Agreement with Kleinfelder (Attachment B) for the Preliminary Engineering and Project Approval/Environmental Documentation (PA/ED) Phase of the project, also known as Work Stage B, which is the current work phase. The PA/ED phase includes a bridge type selection report, geometric approval drawings, and environmental document. The Agreement was subsequently amended in 2018, 2019 and 2021 (Attachments C, D, and E, respectively) to extend the term of the original agreement, expand the scope of services, and increase the total not-to-exceed budget amount. The current term of the Agreement, as extended by the Third Amendment to the Agreement, expires on June 30, 2022.
1 May 16, 2022 Item 08
City Council Agenda Report
Fourth Amendment to Kleinfelder, Inc. Agreement – CDM Bridge Project May 16, 2022

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Currently, Kleinfelder, Inc. is in the process of completing the PA/ED phase. It was originally estimated that the work would be completed by the end of Fiscal Year 2021- 2022. Due to longer than anticipated Caltrans review and approval durations, additional requested meetings with Caltrans representatives, additional Caltrans requests for biological studies, and additional requests for environmental finding revisions, there is a need to extend the current agreement. The contract work is expected to be complete in October 2022. However, staff recommends extending the contract for an additional one (1) year period through June 2023 to support any additional unforeseen delays and followup action items. No scope of work or funding changes are requested as part of the proposed fourth amendment.

After the PA/ED Phase of project development is completed, the City will follow Caltrans procedures to solicit proposals and select a consultant for the next project development phase, the Plans, Specifications, and Estimate (PS&E) phase.

Estimated Project Timeline
Below is the anticipated timeline for the Project, including completion of the necessary environmental review, design, and an estimated target construction schedule:

1. Planning/Environmental Phase - Currently Performing Activities through October 2022
• Caltrans Review and Approval to ensure project meets PA/ED Requirements and NEPA compliance (ongoing through October 2022) • CEQA MND Public Review and Approval (May 2022 – September 2022)

2. Design Phase – November 2022 through December 2024
• Caltrans Review and Approval to ensure project meets PS&E Requirements
• Preparation of Biddable Design Drawings, including Technical Specifications and Cost Estimate
• California Coastal Commission Review & Approval
• United States Army Corps of Engineers Review & Approval • California Department of Fish and Wildlife Review & Approval • Regional Water Quality Control Board
• Design Review Board (DRB) Review
• Planning Commission Review

3. Construction Phase - 2025 through 2028
PRIOR CITY COUNCIL REVIEW:

On July 12, 2021, the City Council approved a Third Amendment to the Agreement with Kleinfelder, Inc. (Attachment E) to extend the term of the agreement, expand the scope of work, and adjust the total cost.
2 May 16, 2022 Item 08
City Council Agenda Report
Fourth Amendment to Kleinfelder, Inc. Agreement – CDM Bridge Project May 16, 2022

Page 3 of 3 ends

On April 1, 2019, the City Council received an informational report on the project status and approved a Second Amendment (Attachment D) to the Agreement with Kleinfelder, Inc. in the amount of $389,510 which included additional geotechnical investigations and additional details to be included in the Type Selection Report.

On February 20, 2018, the City Council approved a First Amendment (Attachment C) to the Agreement with Kleinfelder, Inc., which included required revisions to the Agreement in order to comply with Federal Contract Provisions.

On April 17, 2017, the City Council approved an Agreement with Kleinfelder, Inc. totaling $1,216,334 for the Preliminary Engineering and Project Approval/Environmental Documentation (PA/ED) Phase for the Project.

FISCAL IMPACT:

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

Funding for the work to be completed by Kleinfelder as part of the Fourth Amendment is included in the approved FY 2021-22 and 2022-23 Operating and Capital Budget.

ENVIRONMENTAL IMPACT:

This proposed Fourth Amendment to the Agreement for engineering services is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. An environmental analysis is being prepared for the Bridge Replacement project pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).

ATTACHMENTS:

Attachment A – Fourth Amendment to Agreement with Kleinfelder, Inc.

Attachment B – Original Agreement with Kleinfelder, Inc. (2017) Attachment C – First Amendment to Agreement with Kleinfelder, Inc. (2018) Attachment D – Second Amendment to Agreement with Kleinfelder, Inc. (2019) Attachment E – Third Amendment to Agreement with Kleinfelder, Inc. (2021) 3 May 16, 2022 Item 08

FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND KLEINFELDER, INC.

THIS FOURTH AMENDMENT TO AGREEMENT (the “Fourth Amendment”) is made this 1st day of July, 2022, by and between the CITY OF DEL MAR, a California municipal corporation and Charter City (“CITY”) and KLEINFELDER, INC., a California Corporation (“CONSULTANT”) (collectively “Parties”).

RECITALS
WHEREAS, the Camino del Mar Bridge over the San Dieguito River is structurally deficient and seismically and flood vulnerable. Replacement of the Camino del Mar Bridge (Project) qualified for the Caltrans Eligible Bridge List in 2008, and is therefore, eligible for 88.53% reimbursement from the Federal Highway Bridge Program with Caltrans oversight/approval; and
WHEREAS, on May 23, 2017, the City and Consultant entered into an Agreement for Preliminary Engineering and Environmental Documentation Services for the Project (“Agreement”); and
WHEREAS, on March 5, 2018, the Parties entered into a First Amendment to the Agreement in which the federal fiscal contract provisions were added to the Agreement in order to comply with the Local Assistance Procedures Manual (LAPM); and WHEREAS, on April 1, 2019, the Parties entered into a Second Amendment to the Agreement with Consultant to extend the term of the Agreement and modify the scope of work and the total Agreement amount; and
WHEREAS, on July 12, 2021, the Parties entered into a Third Amendment to the Agreement with Consultant to extend the term of the Agreement for a one-year period through June 30, 2022, and modify the scope of work and the total Agreement amount; and
WHEREAS, the Parties would like to amend the Agreement to extend the term for an additional one-year period through June 30, 2023; and WHEREAS, the Agreement provides that any modification of the Agreement must be done in writing and upon agreement of the Parties.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.1 of the Agreement shall be amended to read as follows:
“The term of this Agreement shall be from a period beginning May 1, 2017 and ending June 30, 2023.”

2. Except as otherwise provided in this Fourth Amendment, the Agreement, First, Second, and Third Amendments, and each and every term, condition, attachment and exhibit, shall remain in full force and effect. 4 May 16, 2022 Item 08
City of Del Mar
Fourth Amendment to Agreement with Kleinfelder, Inc.

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Agreement to be executed the day and year first above written.

CITY OF DEL MAR, KLEINFELDER, INC.,
a municipal corporation a California corporation
BY: ____________________________ BY: _________________________ Ashley Jones, City Manager John Moossazadeh, Senior Vice President
ATTEST:

By: ______________________________
Sarah Krietor, Acting City Clerk
APPROVED AS TO FORM:

By: _____________________________
Leslie E. Devaney, City Attorney
5 May 16, 2022 Item 08

AGREEMENT BETWEEN THE CITY OF DEL MAR
AND
KLEINFELDER, INC.

This Agreement ("Agreement"), made tnisÆf,aVof May, 2017,by and between the CITY OF DEL MAR, a Charter City and a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("C|TY"), and Kleinfelder, lnc., a California Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of Preliminary Engineering and Environmental Documentation services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit "4"), which is attached to and made a pad of this Agreement. To the extent the provisions of Exhibit "A" are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit "A" shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. lt is understood that CITY, in entering into this Agreement, is relying on CONSULTANT's representations for l{einfelder, lnc Consultant Agreement
6 May 16, 2022 Item 08
quality and professionalwork performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

1.3 Monthlv n Reoorts. The Project Manager of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written repod specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written repod in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY's rights underthis Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY's representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY
Address
Phone
For CONSULTANT

CONSULTANT
Address:

Phone
Tim Thiele, PE
City Engineer
City of Del Mar
1050 Camino Del Mar
Del Mar, CP.92014
(858) 755-9313
Nathan Johnson, PhD, PE
Vice President, Segment Manager
Kleinfelder, lnc.
550 West C Street
San Diego, CA.92101
(619) 831-4600

3. TERM

3.1 The term of this Agreement shall be from May 1 , 2017 until April 21, 2020.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless othen¡uise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. ln consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT 2 7 May 16, 2022 Item 08
the not-to-exceed amount of One million two hundred sixteen thousand three hundred and thirtyfour Dollars ($1,216,334), refer to Exhibit "8".

4.2 Additional Services. lf CITY desires any additional services ("Additional Services"), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Pavments. Payment of CONSULTANT's fee shall be made in accordance with CITY's normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT's sole responsibility to report as income all compensation received from ClÏY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.'1 Indepe Contractor. lt is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.

5.2 Emplovee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. lt is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.

5.3 Workers' Compensation lnsurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation lnsurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of lndustrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their 3 8 May 16, 2022 Item 08
office and shall pay the adopted prevailing wage rates as a minimum. lf applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777 .6, and 1813 of the Labor Code and any other applicable laws.

Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-consultant under him, in violation of the provisions of this Agreement.

6. INSURANCI
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance cedificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Tvpes of lnsurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability. Commercial General Liability (CGL) lnsurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of Two Million Dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT's employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers' Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. ln the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1 .3 Professional Liability. For all of CONSULTANT's employees who are subject to this Agreement, CONSULTANT shall keep in fullforce and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last.

CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss. 4 9 May 16, 2022 Item 08

6.1.4 CommercialAutom oh e I iabilitv For allof the CONSULTANT's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA O0 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $500,000 per occurrence. lnsurance certificate shall reflect coverage for any automobile (any auto).

6.2 lnsurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are no less than "4" and "Vll" or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted "surplus lines" carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non-contributory to any insurance that may be carried by CITY; with the exception of Workers'Compensation and Professional Liability; and (b) CITY is entitled to thitty (30) days' prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Del Mar and its respective officers and employees are additional insured under the policy.

6.5 lndemnitv Not Limited bv lnsurance. CONSULTANT's liabilities, including, but not limited to, CONSULTANT's indemnity and defense obllgations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT's failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT's normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement. All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT's pedormance hereunder, unless CITY's written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND IJSF OF INFORMATION
8,1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this J
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Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascerlainable by nonparties through available public documentation.

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. ln the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE
All notices or demands to be given under this Agreement by either pady to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set fotlh in Section 2 above.

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT's insolvency.

Written notice by CITY of termination for cause shall contain the rçasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.
6 11 May 16, 2022 Item 08

10.2\n the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set fotth herein.

11. TERMINATION FOR IENCE OF CITY
1 1 .1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

11.2|f the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, allfinished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY. Any use of incomplete documents without the specific written authorization from CONSULTANT will be at the CITY's sole risk and without liability or legal exposure to CONSULTANT.

13. DEFENSE AND INDEMNIFICATION

13.1 lndemnitv for Professional Liabilitv. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

13.2 lndemnitv for Other than Professional Liabilitv. With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs Including reasonable attorney's fees and costs, and expert costs and investigation expenses ("Claims"), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, 7 12 May 16, 2022 Item 08
subcontractors, or agents under this Agreement regardless of whether or not such claim, Ioss or liability is caused, in part by a party indemnified hereunder. CONSULTANÏ shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

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

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

14. CONFLICT OF INTFREST

14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.2Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANÏ. lf CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term "financial interest" includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT's responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.
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CONSULTANT acknowledges that he/she has read Section 14. Conflict of lnterest, and may have _ or does not have X a potential conflict of interest, and will _ or will not X need to flle a Statement of Economic lnterest Form 700. lf CONSULTANT is required to flle a Statement of Economic lnterest, a Form 700 shall accompany this eçcuted Contract. )79 Consultant'slnitial

15. ASST.NMENT 4 citv of Del Mar lnitial
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached "Scope of Services") by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.
16, SURVIVAL
CONSULTANT's representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT's business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities. lf there is any change to the Scope of Work or the Contract price and/or Contract times, Consultant shall first provide City with a written request to revise the Scope of Work and a written request to increase the Contract price and/or Contract times. The City shall then submit the same to the City Council for consideration.

CONSULTANT shall not proceed with any change in the work without prior authorization from City.

18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT's employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT
CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. lf CITY finds that any of the provisions of this Section have been violated, such 9 14 May 16, 2022 Item 08
violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER
The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY's rights or CONSULTANT's rights contained in this Agreement.
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21. SEVERABILITY
lf any term, condition or provision of this Agreement is held by a coutl of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

22. DISPUTES
ln the event that any action is brought by either pady to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys'fees and costs incurred, whether or not the matter proceeds to judgment.

23. REMEDIES
The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AM FNDIVIFNT
This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAWA/ENUE
The terms and conditions of this Agreement shall be goVerned by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in San Diego County.

26. BINDING AGREEMENT
This Agreement is intended to be binding on the pafties and their respective successors and assigns.
27, NUMBER
The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires,

28. WARRANTY OF AUTHORITY
Each of the parlies signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
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A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
c OF DEL KLEINFELDER, INC
Scott Huth, City Manager Nathan Johnson, PhD, PE
VP, Segment Manager
Signature
Name/title of signatory [if necessary]
Ashley Jones, Services Director
Signature
APPROVED AS ÏO FORM
Leslie , City Attorney
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CAMINO DEL MAR BRIDGE
BRIDGE #57C0209
EXHIBIT A-1

SCOPE OF WORK
AMENDMENT I:

PRELIMINARY ENGINEERING &

ENVIRONMENTAL DOCUMENTATION
SUBMITTED BY:

KLEINFELDER, INC.
(SIMON WONG ENGINEERING)
DATE:

August 12, 2016
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TABLE OF CONTENTS
I. PROJECT LOCATION ................................................................................................... 4 II. PROJECT BACKGROUND............................................................................................ 4 III. PROJECT OBJECTIVE .................................................................................................. 5 IV. CONSULTANT REQUIREMENTS ............................................................................... 5 V. WORK TO BE PERFORMED BY CONSULTANT .................................................... 6 WORK STAGE B – PRELIMINARY ENGINEERING & ENVIRONMENTAL DOCUMENT ..... 6 Task 1: PROJECT MANAGEMENT .......................................................................................... 6

1.1 Project Administration .................................................................................................. 6

1.2 Project Controls ............................................................................................................ 6

1.2.1 Schedule and Milestones ........................................................................................ 6

1.2.2 Progress Reports and Invoices .............................................................................. 6

1.2.3 Document Control .................................................................................................. 6

1.3 QC/QC Plan and Program ........................................................................................... 7 Task 2: COORDINATION AND MEETINGS ............................................................................ 7

2.2 Stakeholder Coordination Meetings ............................................................................. 7

2.3 Team Meetings .............................................................................................................. 8 Task 3: PRELIMINARY ENGINEERING .................................................................................. 8

3.1 Research and Data Gathering ............................................................................................ 8

3.1.1 Gather Existing Data ............................................................................................. 8

3.1.2 Field Survey and Mapping ..................................................................................... 8

3.1.4 Utility Research and Mapping ............................................................................... 9

3.1.5 Potholing .............................................................................................................. 10

3.1.6 Additional Topographic Survey ........................................................................... 10

3.2 Develop Preliminary Project Alternatives .................................................................. 10

3.2.1 Alternatives Identification .................................................................................... 10

3.2.2 Preliminary Bridge Staging Plans ....................................................................... 11

3.3 Prepare Draft Bridge Hydraulics Report ................................................................... 11

3.3.1 Field Review and Data Gathering ....................................................................... 11

3.3.2 Hydraulic Evaluation ........................................................................................... 11

3.3.3 Sediment Transport Analysis ............................................................................... 12

3.3.4 Prepare Report .................................................................................................... 12

3.4 Preliminary Geotechnical Reports .............................................................................. 12

3.4.1 Preliminary Foundation Report ........................................................................... 12 19 May 16, 2022 Item 08
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3.42 Preliminary Geotechnical Report ......................................................................... 13

3.5 Traffic Study ................................................................................................................ 14

3.5.1 Traffic Data .......................................................................................................... 14

3.5.2 Operational Analysis ........................................................................................... 15

3.5.3 Construction Conditions and Recommendations ................................................. 16

3.5.4 Traffic Report ........................................................................................................ 16

3.6 Utility Conflict Matrix ................................................................................................. 17

3.7 Roadway Concept Layouts .......................................................................................... 17

3.8 Architectural Concept Designs ................................................................................... 17

3.9 Advance Planning Studies ........................................................................................... 18

3.10 Preliminary Drainage Report ..................................................................................... 18

3.11 Water Quality Study .................................................................................................... 18

3.12 Prepare Preliminary Environmental Study (PES) ...................................................... 19

3.13 Field Review Meeting .................................................................................................. 19 Task 4: ENVIRONMENTAL TECHNICAL STUDIES ............................................................. 20

4.1 Technical Studies Management................................................................................... 21

4.2 Project Description ..................................................................................................... 21

4.3 Wetlands Delineation .................................................................................................. 21

4.4 Lagoon Health Assessment ......................................................................................... 22

4.5 Historical Property Survey Report and Archaeological Survey Report ..................... 22

4.6 Environmental Site Assessment ................................................................................... 23

4.7 Species Surveys ........................................................................................................... 23

4.7.1 Sensitive Plants .................................................................................................... 23

4.7.2 Sensitive Animals ................................................................................................. 24

4.8 Biological Assessment ................................................................................................. 24

4.9 Air Quality and Greenhouse Gas ................................................................................ 25

4.10 Noise Study .................................................................................................................. 25

4.11 Section 4(f) Evaluation ................................................................................................ 26

4.12 Community Impacts Technical Memorandum ............................................................ 27

4.13 Visual Impact Assessment ........................................................................................... 28

4.14 Conceptual Mitigation Plan ........................................................................................ 28 Task 5: PUBLIC OUTREACH .................................................................................................... 29 20 May 16, 2022 Item 08
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5.1 Public Meetings........................................................................................................... 29

5.2 Information Exchange ................................................................................................. 29 Task 6: ENVIRONMENTAL DOCUMENT.............................................................................. 29

6.1 Draft Initial Study/Mitigated Negative Declaration ................................................... 29

6.2 Public Review .............................................................................................................. 30

6.3 Mitigation Monitoring and Reporting Plan ................................................................ 30

6.4 Final Initial Study/Mitigated Negative Declaration ................................................... 30

6.5 NEPA Support ............................................................................................................. 30 Task 7: PROJECT REPORT ................................................................................................... 30

7.2 Final Project Report ................................................................................................... 31 Task 8: 30% DESIGN BASIS ................................................................................................... 31 VI. ADDITIONAL SERVICES............................................................................................ 32 VII. WORK TO BE PERFORMED BY THE CITY............................................................... 32 VIII. DESIGN STANDARDS .................................................................................................. 33 IX. PAYMENT OF FEE FOR CONSULTANT SERVICES ............................................ 33 X. METHOD OF PAYMENT............................................................................................. 34 XI. PROJECT SCHEDULE ................................................................................................. 34 21 May 16, 2022 Item 08
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I. PROJECT LOCATION
The Camino Del Mar Bridge over the San Dieguito River (#57C-0209) is located within the City of Del Mar, west of Interstate 5, south of Via De La Valle and north of 29th Street (Thomas Guide:
1187-F2).

II. PROJECT BACKGROUND
The Camino Del Mar Bridge (#57C-0209) is an 11-span reinforced concrete T-beam structure that was constructed in 1932 and widened in 1952. In 2000, the traffic barriers were upgraded using metal tubular railings, and the metal and timber pedestrian walkway was replaced. It should be noted, at that time the bridge was not considered Structurally Deficient (SD). However, in 2006 the Sufficiency Rating (SR) was listed as 43.2, and in 2010, it was listed as 61.5 and SD, primarily due to poor condition of the superstructure. Therefore, the bridge is currently on the “Eligible Bridge List.”
Significant signs of superstructure deterioration in the form of cracks and spalls have been identified from corrosion of reinforcing steel. These signs have appeared primarily on the underside of exterior girders that are part of the widened structure and on tops of braces that span between beams. As-built plans indicate the bridge piers and abutments are supported on concrete footings with timber piling located approximately 20 feet below the existing ground elevation.

This type of foundation may become unstable during a seismic event if the supporting stratum liquefies. Available subsurface field-test data within the surrounding lagoon suggests high potential for liquefaction and lateral spreading. In addition available scour data for this bridge reveals local scour below the bottom of footing.

Supporting one vehicular lane of traffic and one bicycle lane in each direction and a 7-foot raised median plus a barrier-separated pedestrian walkway, the bridge is generally adequate for functional requirements of the site. Peak traffic demands (20,000 ADT) occur on weekends and during special events at the nearby Del Mar Racetrack. The Camino Del Mar Bridge is located within the recently restored San Dieguito Lagoon and, therefore, any alternatives to upgrade the bridge must consider health of the lagoon and not negatively impact sediment transport or tidal flow.

Work Stage A of this scope of work was to perform preliminary structural assessment of the bridge and determine rehabilitation required to remove the bridge from the “Eligible Bridge List.” The result of Work Stage A was a Rehabilitation Strategy Report that confirmed issues of deterioration due to corrosion, and identified several additional items that require corrective action, including collapse vulnerability during the design seismic event, scour criticality, and a backwater condition during the design flood. It was concluded that replacement is clearly the most cost effective solution to address rehabilitation needs.

In October 2012, Caltrans provided concurrence with the bridge replacement scope as recommended by the Rehabilitation Strategy Report prepared by Simon Wong Engineering (Kleinfelder) on behalf of the City of Del Mar. Caltrans determined that a bridge replacement should be more practical, reasonable, and cost effective than a bridge rehabilitation project.

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III. PROJECT OBJECTIVE
Services performed for this project are anticipated in the following five work stages. Work Stage A is complete. The objective of this scope is Work Stage B.

Work Stage A – Rehabilitation/Retrofit Strategy (past agreement) Work Stage B – Preliminary Engineering & Environmental Documentation (amended agreement) Work Stage C – Regulatory Permitting and Final Design (future amendment) Work Stage D – Construction Bidding and Award Support (future amendment) Work Stage E – Design Support during Construction (future amendment) The main objective of Work Stage B is to prepare the necessary environmental documentation to clear the project and initiate the permit applications for construction of the new bridge. Consultant will prepare technical reports documenting all preliminary engineering work performed in support of the environmental documentation.

The following scope of work has been developed based on the current understanding of the required process; however, it should be noted that additional tasks and schedule adjustments may be required as this phase develops.

IV. CONSULTANT REQUIREMENTS
A. Consultant designates Nathan Johnson, P.E., as its representative and is empowered to manage this project. The City must approve any subsequent changes to the designated engineer.

B. Inquiries from the public, media, and other agencies shall be referred to the City’s designated project manager.

C. Unless otherwise specified under Section VII of this scope, Consultant shall furnish and/or prepare all materials, data, and information needed to conduct studies and perform the tasks and activities outlined in this scope of services.

D. Consultant shall perform all tasks and activities incidental to the required services and preparation of the deliverables under this contract.

E. All reports, technical provisions, engineer’s estimate, and other required documents shall be submitted on CD in Microsoft Word.

F. Consultant shall prepare deliverables and supporting structural and non-structural calculations in accordance with the methods, procedures, and guidelines contained in the references listed under Section VIII “Design Standards” in a manner consistent with a high level of professional skill, care, and accuracy.

G. Most expenditures incurred by the City on this project will be eligible for federal reimbursement. Therefore, the contract documents are subject to review and approval by Caltrans.

H. All deliverables and supporting documentation shall be prepared based on English values using English Units.
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V. WORK TO BE PERFORMED BY CONSULTANT
WORK STAGE B – PRELIMINARY ENGINEERING & ENVIRONMENTAL

DOCUMENT
Work to be performed by Consultant for “Work Stage B” shall consist of the following items:

Task 1: PROJECT MANAGEMENT
This task includes effort associated with Work Stage B for administration, schedules, quality assurance/quality control (QA/QC), document control, and oversight of self-performed and subconsultant work.

1.1 Project Administration
 Maintain the project specific management plan and update project-related information including project organization chart, contact information for all members of the team, task tracking, and a deliverables list.  Oversee and manage execution of all deliverables for Work Stage B including work planned to be performed by subconsultants.
 Supervise, coordinate, and monitor work for conformance with City, County, State, and applicable federal standards and policies.
 Prepare, circulate, and file correspondence and memos as appropriate.

1.2 Project Controls

1.2.1 Schedule and Milestones
Consultant will prepare a detailed project schedule which indicated milestones, major activities, and deliverables. The schedule will reflect assumed review times necessary by all stakeholder agencies. Schedule and milestone changes related to Work Stage B efforts will be tracked, and schedule will be updated as necessary.

Schedule updates will be discussed at the monthly PDT meetings.

1.2.2 Progress Reports and Invoices
Consultant will include efforts of Work Stage B within monthly progress reports.

The progress will be provided and discussed at the monthly PDT meeting and will be attached to the invoice for the same period of performance.

1.2.3 Document Control
Consultant will manage paper and electronic files, transmittal forms, submittals, letters, correspondence, and other documents. Consultant will use a program such as SharePoint for managing and storing files, including CAD drawings.

Assumptions
 24-month Duration
Deliverables
 Project Schedule at Notice-to-Proceed (NTP)
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 Monthly Project Schedule Updates
 Monthly Progress Reports and Invoices

1.3 QC/QC Plan and Program
A project specific QA/QC plan will be developed that will establish protocols and procedures for team members to follow to ensure current project data and policies are used in project development. The QA/QC plan will remain in force during the performance of the services identified herein. All reports, plans, studies, estimates, and other documents submitted will be complete, accurate, checked, and proofread to meet professional engineering practices and the standard of care in effect at the time of execution of the scope. Each deliverable will identify the person responsible for developing the document and the person responsible for quality control of the document. Consultant will maintain written records of all activities.

Deliverables
 QA/QC Plan
 QA/QC Documentation for Deliverables
Task 2: COORDINATION AND MEETINGS

2.1 Project Development Team Meetings
A Project Development Team (PDT) including representatives from the City, Caltrans, and other relevant agencies will be established within 15 days after NTP.

PDT meetings shall be held monthly to resolve issues and to apprise the affected agencies of the progress of the project. A kick-off meeting with the PDT (PDT Meeting No. 1) shall be held as soon as possible after NTP. Twenty-four (24) PDT meetings are assumed.

Assumptions
 Consultant lead 24 PDT meetings
 Environmental Task Lead attend 24 PDT meetings
Deliverables
 Monthly Presentations (PowerPoint)
 Monthly Meeting Minutes

2.2 Stakeholder Coordination Meetings
In addition to regular PDT meetings, Consultant will coordinate as needed with Caltrans, SANDAG, and other stakeholders.

Assumptions
 Up to 12 Meetings for Consultant Project Manager and 6 for Environmental Task Lead
Deliverables
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 Meeting Minutes

2.3 Team Meetings
The Kleinfelder design/environmental team will hold regularly scheduled internal team meetings to facilitate internal team coordination and track progress and deliverables. Team meetings will begin with an internal team kick-off meeting.

Team meetings will be monthly teleconference meetings (one hour) for the duration of this work.

Assumptions
 Consultant to lead 24 Meetings
 Environmental Task Lead to attend 24 Meetings
 Other Task Leads to attend 6 Meetings
Task 3: PRELIMINARY ENGINEERING

3.1 Research and Data Gathering

3.1.1 Gather Existing Data
Consultant will obtain and review existing maintenance reports, study reports, local street improvement/development plans, and other pertinent data.

3.1.2 Field Survey and Mapping
An aerial topographical map (digital color format with a 0.5’ resolution or better) and supplemental field surveys will be completed and assembled into an AutoCAD format base map. A digitally rectified orthographic photo, with a scale of 1”=40’ with a one-foot contour interval and half-foot supplemental contours, will be obtained/produced for this area. The “area” is 1000 feet to the east and west, and 2000 feet to the north and south of the existing Camino Del Mar Bridge.

Field surveying shall identify existing topographical features, right-of-way (including all critical points) and tie out, and any and all existing survey monuments that may be disturbed by the work. Street centerline and centerline stationing will be established to an accuracy of one-tenth (0.1) foot. Consultant shall establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade.

Cross Sectional Information
50-foot cross sections will be obtained/produced along Camino Del Mar between Sandy Pointe and 500 feet north of the San Dieguito River. Cross sections of the abutment slopes will also be obtained/produced.

Existing driveways along Camino Del Mar between Sandy Pointe and 500 feet north of the San Dieguito River will also be profiled. The driveway profiles will extend into the existing parking lots to determine the existing drainage patterns.
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Planimetrics
Planimetrics will be obtained/produced from the aerial and will include key design features such as driveways, curb and gutter, storm drain manholes and outlets, bridge limits, sidewalks, signal equipment, building boundaries, and visible utilities. Right-of-way boundaries will be obtained/produced from record drawings.

Bridge Survey
The existing bridge will be surveyed to determine the location and elevation of the deck, soffit, sidewalk, top of railings, and utilities. Along the bridge length, these items will be surveyed every 20 feet. Columns will be surveyed at the top four corners.

River Delineation
Channel cross sections will be completed approximately 100 feet up and down stream of the bridge on a 50-foot interval (total of 5 sections). Cross section data needed will be coordinated with the hydraulic engineer. Data will be used to supplement existing information from SANDAG and update the hydraulic analysis.

Deliverables
 Digital Aerial Mapping and Survey Data
 Georeferenced Survey in AutoCAD Format
 Georeferenced Base Mapping in AutoCAD Format

3.1.3 Right-of-Way Mapping
Existing right-of-way maps will be researched, surveyed, and transferred to the project base map. It is assumed that alternatives fall within the existing right-ofway; however, if requested Consultant will develop right-of-way plats, legal descriptions, and easement documents as an additional service.

Deliverables
 Georeferenced ROW Base Map in AutoCAD Format

3.1.4 Utility Research and Mapping
Consultant will coordinate with utility owners and City utility coordination staff with respect to all utility-related matters. Consultant will provide copies of all correspondence with utility companies and other utility-related information to the City. Correspondence, as described herein, will be prepared by Consultant for either Consultant or City signature, as appropriate, and as directed by the City.

Consultant will coordinate with City staff to obtain record copies of utility maps from each utility owner within the project limits for existing and/or proposed utility facilities. Consultant will include mapping and/or exhibits that clearly define the project limits as part of the requests for utility information. 27 May 16, 2022 Item 08
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Consultant will identify utility companies affected by the project and delineate utilities within the project’s sphere of influence on the exhibits.

A project base map will be prepared, which will include all existing utilities (above ground and below ground) identified by location, size, type, and owner, as appropriate. In addition to information provided by the owning utility companies and through research of other record maps, utility features such as manholes, valves, fire hydrants, poles, risers, etc., will be corroborated with survey data and reflected on the plans.

Assumptions
 County setting monuments and filing maps with the county are excluded Deliverables
 Georeferenced Utility Base Map in AutoCAD Format

3.1.5 Potholing
Consultant will perform potholing to confirm location of utilities or buried conflicts that may exist to replace the bridge. Scope assumes up to 15 potholes.

Deliverables
 Pothole Data Report (Draft)
 Pothole Data Report (Final)

3.1.6 Additional Topographic Survey
Consultant will perform topographic survey beyond Task 3.1.2 to support design on an as-needed basis. As-needed survey may include, but is not limited to, utilities, appurtenances, and location of potholes. Scope assumes up to 20 hours of survey time.

Deliverables
 Digital Survey Data
 Georeferenced Survey in AutoCAD format

3.2 Develop Preliminary Project Alternatives

3.2.1 Alternatives Identification
Consultant will identify appropriate alternatives for development and analysis.

Alternatives will be generally based on replacing the existing two-lane structure with a new structure that carries two vehicular lanes, two bike lanes, and two sidewalks. The replacement staging will be capable of maintaining vehicular, bicycle, and pedestrian traffic.

Several alternatives will be documented considering variables including, but not limited to: funding program, environmental constraints, right-of-way, constructability, long-term needs, construction staging, hydraulics, and cost.

Alternatives that are considered, but rejected, will be documented as such. Up to 28 May 16, 2022 Item 08
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four alternatives will be developed as anticipated from previous work documented in the 2012 Final Camino Del Mar Strategy Report. Following are major variables that are anticipated for the alternatives that will be studied in detail during the preliminary engineering phase:
 Cast-in-place vs. precast/hybrid
 Reduced lane width and shared bike/vehicle lanes during construction  Required profile at south end of bridge to clear 100-year flood Alternatives for study during the preliminary engineering phase will be presented to the PDT and documented in a Preliminary Project Alternatives Memorandum.

A draft matrix of alternatives will be developed, which will be updated and finalized during Task 7, Project Report.

3.2.2 Preliminary Bridge Staging Plans
Preliminary construction staging for the bridge replacement will be developed to illustrate preliminary project alternatives. Staging will consider structural geometry to ensure desired width for maintenance of traffic can be maintained, and that final condition is optimally located within the existing right-of-way.

Preliminary staging will be used to illustrate preliminary alternatives, and as the basis for alternatives assessment, within preliminary engineering tasks.

Deliverables
 Preliminary Project Alternatives Presentation
 Draft Matrix of Alternatives

3.3 Prepare Draft Bridge Hydraulics Report
Consultant will prepare hydraulic report and will evaluate the impact that the proposed structures may have on the river. Report will identify the general scour, and local scour that is expected at the supports. The following tasks will be performed:

3.3.1 Field Review and Data Gathering
Consultant will conduct a field review of the site as well as upstream and downstream reaches in order to observe the physical conditions and confirm existing assumptions. Consultant will obtain and review existing hydrologic and hydraulic data including flow rates, aerial photographs, topographic data, FEMA studies, proposed upstream railroad bridge, etc.

3.3.2 Hydraulic Evaluation
Consultant will prepare a hydraulic evaluation of up to three bridge alternatives using HEC-RAS. The analyses will be based on the accepted 100-year flow rates.

A debris factor will be applied to the bridge piers, if appropriate. Coordination will be performed with team members to develop alternatives that will minimize flood inundation, channel erosion, environmental impacts, and construction costs. The hydraulic analyses will be used to provide the bridge opening dimensions, low 29 May 16, 2022 Item 08
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chord elevation with consideration given to freeboard requirements, and the bridge alignment.

Consultant will perform preliminary design of the preferred bridge alternative. The design will include tasks necessary to finalize the HEC-RAS analysis of the preferred alternative. In addition, local scour analyses of the piers will be performed to determine additional protection required for these structures.

3.3.3 Sediment Transport Analysis
Consultant will prepare a sediment transport analysis to determine the general scour at the bridge. This will ensure that the bridge piers and appurtenances are adequately designed for channel bed scour. A FLUVIAL-12 analysis will be performed to determine the general scour and a summary of the FLUVIAL-12 analysis results will be included in the report.

3.3.4 Prepare Report
Consultant will prepare a report summarizing the analysis results and recommendations. A comparison of the alternatives will be included along with identification of the preferred alternative.

Assumptions
 Up to two rounds of comments
Deliverables
 Preliminary Hydrology and Hydraulics Report (Draft)
 Preliminary Hydrology and Hydraulics Report (Final)

3.4 Preliminary Geotechnical Reports

3.4.1 Preliminary Foundation Report
The Preliminary Foundation Report (PFR) will be prepared for the proposed bridge structure in accordance with Caltrans Guidelines for Preparing Preliminary Foundation Reports. Existing cone penetration test (CPT) and boring data obtained by SANDAG during preliminary engineering for adjacent railroad bridge replacement will be used. Data includes one CPT and one resonant sonic boring at each end of the Camino Del Mar Bridge. No additional subsurface evaluation or field evaluations are included in this scope of work. Such evaluation will be scoped in Work Stage C.

The report will include a general project description, boring location plan, log of test boring (LOTB), and laboratory test results. All foundation recommendations will be in accordance with the most recent AASHTO LRFD Bridge Design Specifications and Caltrans Memos to Designers. The PFR will provide the following:
 Seismic design criteria
 Groundwater
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 Liquefaction potential and dynamic settlement
 Fill settlement
 Slope stability and lateral spreading
 Cast-in-drilled hole (CIDH) and/or cast-in-steel-shell (CISS) pile capacities  Lateral earth pressures
 Corrosion potential
 Excavation characteristics
 Fill materials
 Pavement sections
 Construction considerations, as applicable
 Assessment of seismically induced liquefaction within the river channel  Assessment of slope stability and seismically induced lateral spreading  Any special issues regarding groundwater, difficult excavation, expansive soils, scour or other hazards encountered in the borings
 Alternative types of foundations including traditional CIDH, and CIDH with permanent casing will be evaluated in consultation with the project structural engineer to allow selection of the most suitable type of foundation  Structure foundation type and foundation elevations
 Allowable bearing and pile capacities to evaluate the selected foundation  Anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches  Gradation parameters for scour analysis

3.42 Preliminary Geotechnical Report
Preliminary Geotechnical Report (PGR) will be prepared to provide roadway pavement and embankment recommendations. Existing CPT and boring data obtained by SANDAG during preliminary engineering for adjacent railroad bridge replacement will be used. The report will include a general project description, LOTB, and laboratory test results. The PGR will provide the following:
 Seismic design criteria
 Cut and fill requirements and any special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the boring  Slope stability analyses on all the new slopes and recommendations for construction
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 Recommendations for the reuse of excavated materials and volumes of such (swell and/or shrinkage factors to be applied) and the estimated quantity of import/export fill
 Foundation and construction recommendations for the Standard Plan structures, if any (such as standard plan retaining wall)
 New structural pavement sections and recommendations for connecting into the existing pavement sections
Assumptions
 The two borings (Borings B-7 and B-8) and two CPT (CPT-11 and CPT-12) that were previously performed by Ninyo & Moore will be presented on LOTB sheets in accordance with Caltrans LOTB guidelines.
 Up to two rounds of comments from the City and Caltrans Deliverables
 Preliminary Foundation Report (Draft)
 Preliminary Foundation Report (Final)
 Preliminary Geotechnical Report (Draft)
 Preliminary Geotechnical Report (Final)

3.5 Traffic Study
Consultant will develop a technical report to use for the basis of environmental discussion. It is assumed the replacement structure will provide one lane of traffic in each direction, similar to the existing bridge. During construction, it is anticipated the bridge will have reduced width, but staged to maintain one lane of traffic in each direction. Facilities for bicycle and pedestrian traffic will also be maintained.

The study will include two major components. The first will be to confirm the ability of proposed final condition to accommodate future traffic volumes. The second will be to assess and define construction traffic impacts and possible mitigation during construction. Vehicular, bicycle, and pedestrian traffic will be considered.

3.5.1 Traffic Data
Consultant will obtain morning and afternoon peak hour traffic, pedestrian and bicycle counts at up to four intersections and daily traffic counts at up to five street segments. It is anticipated that the study will include the following intersections and street segments:

Intersections
 Highway 101 - Camino Del Mar / Via De La Valle
 Camino Del Mar / Coast Boulevard
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 Jimmy Durante Boulevard / Via De La Valle
 Jimmy Durante Boulevard / San Dieguito Drive
Street Segments
 Camino Del Mar, from Via De La Valle to Coast Boulevard  Camino Del Mar, from Coast Boulevard to Jimmy Durante Boulevard  Jimmy Durante Boulevard, from Via De La Valle to South Fair Access  Jimmy Durante Boulevard, from South Fair Access to Camino Del Mar  Via De La Valle, from Highway 101 to Jimmy Durante Boulevard Consultant will conduct a field review of the existing conditions in the study area and will take photos for documentation.

Consultant will research and obtain the latest three-year accident data for the project limits. This data will be used to assess conditions during construction staging and for the proposed condition.

Assumptions
 The City of Del Mar indicated that the City has recent traffic data available for this project. This scope of work assumes that data is available for the four intersections and five street segments noted above.

3.5.2 Operational Analysis
An operational analysis based on level of service (LOS) will be performed for the study intersections and street segments under the following analysis scenarios:
 Existing Conditions
 Existing Plus Construction Conditions
 Proposed Future Conditions (Horizon Year 2040)
The Highway Capacity Manual (HCM) methodology will be used for the intersection analysis, and the street segments will be analyzed based on volume to capacity ratios.

Under the construction conditions scenario, it is assumed that some traffic will divert to Jimmy Durante Boulevard or I-5 to avoid delay and queuing on Camino Del Mar during the bridge construction. Consultant will manually redistribute existing traffic volumes to reflect the construction conditions.

The SANDAG Series 12 Model will be used to derive Horizon Year 2040 volumes for the study street segments and intersections. The Series 12 forecast volumes for 2035 or 2050 will be interpolated to derive Horizon Year 2040 volumes. The Series 12 Model for the years 2035 and 2050 assumes the existing two-lane capacity for Camino Del Mar south of Via De La Valle; therefore, multiple horizon year scenarios will not be necessary.
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Based on the findings of the operational analysis, potential mitigation measures will be identified to address construction conditions and proposed future condition impacts.

The project team will provide input and analysis for proposed condition. This includes evaluating traffic-related criteria as part of the bridge geometric determination. Resulting data will include traffic volumes, design speeds, and sight distance considerations.

3.5.3 Construction Conditions and Recommendations
The project team will provide input and analysis of conditions during construction and construction staging. This effort will include the following:
 Prepare up to six traffic control concept exhibits for construction staging  Define and describe construction activity and duration for each stage  Determine delay and queuing that is expected to result from construction  Identify and discuss mitigation measures that would be recommended to avoid or minimize construction impacts
 Identify and define special events to avoid during construction

3.5.4 Traffic Report
A report will be prepared that summarizes the findings of the analysis and the recommendations for the proposed condition and during construction staging. The report will include, but not be limited to the following:
 Project Description
 Analysis Methodology
 Existing Conditions
 Proposed (Horizon Year 2040) Conditions
 Construction Conditions
 Impacts and Mitigation
 Conclusions
The report will include graphics and tables that support the analysis results of the traffic study.

Assumptions
 Up to two rounds of comments
Deliverables
 Traffic Study (Draft)
 Traffic Study (Draft Final)
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 Traffic Study (Final)

3.6 Utility Conflict Matrix
Consultant will prepare a preliminary utility conflict matrix, linked to owner utility or franchise agreement records, documenting facilities in conflict with the proposed construction. Preliminary utility relocation costs will be evaluated and provided in the form of a utility protection and relocation cost estimate.

Deliverables
 Above and Below Ground Preliminary Utility Conflict Matrix  Preliminary Utility Cost Estimate

3.7 Roadway Concept Layouts
Consultant will prepare up to three roadway concept layouts for the considered alternatives. Each concept will include the baseline structure and condition for reference. Concepts will be coordinated with the preliminary bridge staging plans and preliminary traffic control concepts. Variables for the three roadway concepts will likely be bridge width and lateral location at the river crossing for the final condition (based on bridge staging), and bridge profile adjustments to meet hydraulic demands.

Assumptions
 Up to two rounds of comments
Deliverables
 Roadway Concept Layouts and Presentation Exhibits

3.8 Architectural Concept Designs
Consultant will prepare conceptual designs for enhanced architectural features within the project including bridge color (integral concrete), hand railings, pedestrian sidewalk/look out mini-plazas, and surface patterns/treatments that may be engineered into the bridge design. Scope includes researching Del Mar City themes/documents, nearby transportation architecture, and the history of the City and surrounding area. Initial submittal will be a series of hand sketch concept visualizations, up to three concepts for of each feature. Final submittal will include a refined sketch for each feature.

Assumptions
 One team review session is included (architect time)
 One round of revisions to each deliverable
Deliverables
 Initial Aesthetic Treatment Concepts
 Final Aesthetic Treatment Concept
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3.9 Advance Planning Studies
Consultant will prepare up to four Advance Planning Studies (APS) for the considered alternatives. For each APS, the deliverable will include a preliminary general plan and design memorandum identifying the design assumptions, probable construction methods, constraints, and project impact area.

Deliverables
 Advance Planning Studies (Draft)
 Advance Planning Studies (Final)

3.10 Preliminary Drainage Report
A Preliminary Drainage Report will be prepared to document hydrologic and hydraulic calculations necessary to complete drainage improvement plans related to the bridge replacement project. The report will evaluate the on-street flows along Camino Del Mar on the bridge and adjacent approaches. Prior to developing hydrology calculations, a thorough field reconnaissance will be conducted. Available documents pertinent to this Preliminary Drainage Report will be obtained from the City for review. The Preliminary Drainage Report will quantify the magnitude and frequency of design flows from the project area, attributable to the proposed improvements.

Assumptions
 Up to three roadway concept layouts will be considered  The Preliminary Drainage Report will be performed per the County Hydrology Manual Rational Method
Deliverables
 Preliminary Drainage Report (Draft)
 Preliminary Drainage Report (Final)

3.11 Water Quality Study
Consultant will perform a Storm Water Analysis for the proposed project in complete compliance with the latest County guidelines. The plan will include the following:
 Coordination with the City and other local agencies involved regarding water quality requirements
 Coordination with design team and environmental team on locations and size of Best Management Practices (BMP) such as of bioswales, biostrips, storm water detention basins, etc.

Consultant will prepare a Water Quality Management Plan (WQMP) equivalent to Caltrans Storm Water Data Report (SWDR) including:
 Preparation of maps depicting existing conditions
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 Preparation of preliminary BMP plans
 Preparation of report and documentation
Assumptions
 This subtask does not include coordination or processing with Regional Water Quality Control Board (RWQCB).

Deliverables
 NPDES Decision Tree and SWDR or Equivalent (Draft)
 NPDES Decision Tree and SWDR or Equivalent (Final)

3.12 Prepare Preliminary Environmental Study (PES)
Once the build alternatives to carry forward as part of the Project Approval/ Environmental Document (PA/ED) phase have been identified by the project team, a current Caltrans Preliminary Environmental Study (PES) form will be prepared for submittal to the City first and then to Caltrans for review. The purpose of the PES is to identify and receive concurrence from Caltrans regarding the technical studies that will need to be prepared for the proposed project and to receive concurrence regarding the environmental document to be prepared. The PES will be prepared using existing, available information prior to completion of Task 4. As directed in the PES, cultural information will be provided entirely by Caltrans. One revision to the PES will be provided following the field review meeting and Caltrans review. Figures will include a vicinity map, a location map, and the project layouts. The PES will also include an ISA Checklist, Flood Insurance Rate Map, and Visual Assessment Guide checklist.

Deliverables
 Preliminary Environmental Study (Draft)
 Preliminary Environmental Study (Final)

3.13 Field Review Meeting
An initial informal field review meeting was completed March 2012 when this project was programmed for rehabilitation. A formal field review meeting will be held that will include Caltrans, City, Consultant, and other representatives as applicable. The purpose of the formal field review will be to:
 Gather representatives from various involved or interested agencies including regional/permitting agencies, utilities, metropolitan planning organizations (SANDAG), and Caltrans to discuss project alternatives to be considered for environmental studies
 Secure agreement on general design features or exceptions to AASHTO/Caltrans standards
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 Identify and discuss right-of-way needs
 Confirm approach for technical studies to support the National Environmental Policy Act (NEPA) document
 Discuss programming, funding, and schedule
It is understood the District Local Assistance Engineer (DLAE) will lead the field review. Consultant will prepare for, schedule, attend, and document the field review meeting in support of Caltrans and the City. In preparation for the meeting, Consultant will provide Field Review Form (7-B, 7-C, and 7-D), Draft PES, and summary from preliminary engineering effort including alternative sketches.

Task 4: ENVIRONMENTAL TECHNICAL STUDIES
This task includes the preparation of technical studies expected to be needed to support the environmental review process. The task includes overall management of the technical specialists and preparation of individual technical reports, as described below.

All technical studies will be consistent with the requirements of NEPA and the California Environmental Quality Act (CEQA), as well as those of related environmental statutes and regulations. The technical studies will be prepared to cover both related statutory documentation requirements and to support preparation of NEPA and CEQA documents required for project approval. The scope of the technical studies will be reviewed and confirmed with the City and Caltrans at the field review meeting.

Preparation of technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans SER website, Caltrans Local Assistance Procedures Manual, local and Federal Highway Association (FHWA) Technical Advisory 6640.81, Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER website as of the date that those studies are initiated.

Unless indicated, the reports will be formatted to allow a single report to meet the needs of Caltrans and the City in conducting their respective environmental reviews. Technical studies include a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures. The administrative draft technical study will be submitted to the City (electronically) and then to Caltrans (three copies) for review. Upon receipt of comments from City and Caltrans, the revised technical studies will be submitted to the City (electronically) and to Caltrans (three copies) for concurrent review.

Following Caltrans and City second review, a revisions workshop will be held, if needed, to address any outstanding comments. Following the revisions workshop, if needed, a final version of each report will be prepared. The final technical studies will be submitted (electronically to City and three copies to Caltrans) for final concurrence (no additional comments are assumed to be received associated with the final concurrence review).

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4.1 Technical Studies Management
Consultant will coordinate the overall preparation of technical studies. This work will include: (1) coordination with technical specialists to assure the timely flow of information needed to meet schedules, and (2) reviewing technical studies to assure that the studies are consistent with one another, and meet needs of the environmental review process.

4.2 Project Description
Consultant will draft a preliminary project description to form the basis for the project descriptions within each technical report. The project description will be reviewed and approved by the City and Caltrans prior to distribution to technical consultants.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Memo with Project Description

4.3 Wetlands Delineation
Consultant will complete a wetlands delineation map to the extent of potential jurisdictional waters and wetlands, including waters of the U.S. subject to the regulatory jurisdiction of the United States Corps of Engineers (USACE) pursuant to Rivers and Harbors Act Section 10 and/or Clean Water Act (CWA) Section 404; waters of the State subject to the regulatory jurisdiction of the RWQCB pursuant to CWA Section 401; streambed and riparian habitat subject to the regulatory jurisdiction of the California Department of Fish and Wildlife (CDFW) pursuant to California Fish and Game Code Sections 1600 et seq.; and coastal wetlands subject to the regulatory jurisdiction of the California Coastal Commission (CCC) pursuant to the California Coastal Act. The delineation will be conducted in accordance with current regulatory guidelines and protocols. The area to be surveyed will include the footprint of the new bridge plus 200 feet on either side.

The results of the delineation will be presented in a report that will include mapping of any wetland areas and jurisdictional areas. Consultant will coordinate with the USACE, RWQCB, CDFW, and CCC to gain concurrence on the wetland delineations within their respective jurisdictions.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Wetlands Delineation Report
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4.4 Lagoon Health Assessment
Considering the intent of the San Dieguito Lagoon Restoration, Consultant will evaluate proposed structure replacement impacts on sediment transport within the lagoon. Using the hydraulic modeling assumptions in Task 3.3, up to three alternatives will be evaluated. The evaluation will be summarized in a report that includes description of the lagoon sediment transport for the existing condition, and the proposed conditions. The summary will include figures as appropriate to illustrate the lagoon area and the existing and proposed bridge configurations.

Analysis results will be provided in table format, and digital modeling data will be provided as an appendix.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Lagoon Health Assessment Report

4.5 Historical Property Survey Report and Archaeological Survey Report Consultant will prepare a Historical Property Survey Report (HPSR) and an Archaeological Survey Report (ASR), based on an Area of Potential Effects (APE) exhibit for approval by the City and Caltrans. The map will include Assessor’s Parcel Numbers (APNs) with clearly delineated property boundary lines and be prepared in accordance with Caltrans requirements including scale, format, and signature lines.

Because compliance with National Historic Preservation Act (NHPA) is accepted by California as evidence of CEQA compliance, Consultant will implement the consultation process specified in the NHPA regulations (36 CFR 800) by following the detailed guidance set forth in Caltrans Standard Environmental Reference, Volume 2: Cultural (SER). This will also result in NEPA compliance with respect to cultural resources.

The work will include:
 Prepare and coordinate APE map with Caltrans
 Obtain record search to determine the existence of previously recorded resources
 Request a Sacred Lands File search from the Native American Heritage Commission (NAHC)
 Contact the Tribal contacts identified by the NAHC to identify Tribal Cultural Resources or other concerns
 Prepare log of Native American contact results
 Conduct research to prepare the HPSR and ASR
 Conduct and intensive field survey of the APE
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Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Historical Property Survey Report (Draft)
 Historical Property Survey Report (Final)
 Archaeological Survey Report (Draft)
 Archaeological Survey Report (Final)
 APE Exhibit (Draft)
 APE Exhibit (Final

4.6 Environmental Site Assessment
Consultant will perform a Phase I Environmental Site Assessment (ESA) in general accordance with ASTM E 1527-05, Standard Practice for Environmental Site Assessments, and will include the following:
 Review of regulatory agency and other records
 Site reconnaissance
 Historical information research of previous site uses and surrounding area  Past and present interviews of site owners to obtain information indicating Recognized Environmental Conditions (RECs)
 Prepare a Report of Findings for the site, including illustrations, photographs, and pertinent regulatory agency documentation.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Phase I ESA Report

4.7 Species Surveys
Consultant will complete required focused surveys to determine the presence/absence of sensitive plant and animal species within the project’s biological study area, which, in the absence of concurrence from Caltrans, is expected to include the bridge and areas within 200 feet of the bridge.

4.7.1 Sensitive Plants
Consultant will conduct rare plant surveys in the spring (April or May) and summer (June or July) to coincide with blooming periods of potentially occurring sensitive plant species. The results of the survey will be documented in the Natural Environmental Study (NES).
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Caulerpa Survey
Consultant will conduct a survey for the invasive exotic alga, Caulerpa taxifolia, in accordance with the Caulerpa Control Protocol (Version 4.0, adopted February 25, 2008). The results of the survey will be documented in a brief report and included in the NES.

Eelgrass Survey
Consultant will conduct a survey for eelgrass (Zostera marina), in accordance with the Southern California Eelgrass Mitigation Policy (Revision 11). The results of the survey will be documented in a brief report and included in the NES.

4.7.2 Sensitive Animals
Based on previous surveys of the bridge area, Consultant expects that focused, presence/absence and protocol-level surveys could be required within the biological study area for the following sensitive animals: Belding’s savannah sparrow (Passerculus sandwichensis beldingi), California least tern (Sternula antillarum browni), coastal California gnatcatcher (Polioptila californica californica), Pacific pocket mouse (Perognathus longimembris pacificus), Ridgeway’s rail (Rallus obsoletus) and western snowy plover (Charadrius nivosus ssp. nivosus) The final determination of which federally-listed species will require surveys will be made during initial Caltrans coordination with the United States Fish and Wildlife Service (USFWS).

Surveys will be performed in accordance with current USFWS and CDFW protocol, unless otherwise determined in consultation with these agencies. The results of the survey will be documented in a brief report and included in the NES.

Deliverables
 Survey Documentation (Draft)
 Survey Documentation (Final)

4.8 Biological Assessment
Consultant will prepare an NES consistent with Caltrans requirements. The NES will describe biological resources within the biological study area; incorporate the results of the wetland delineation in Task 4.3 and sensitive species surveys conducted in Task 4.7; quantify and analyze project impacts; and recommend mitigation measures to offset those impacts. The NES will address up to two project alternatives.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Natural Environment Study (Draft)
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 Natural Environment Study (Final)

4.9 Air Quality and Greenhouse Gas
Consultant will prepare an air quality and greenhouse gas (GHG) assessment for the project. Conformity with the Clean Air Act for regional operational emissions will be demonstrated by documenting that the project is consistent with the air quality analysis of the most recently approved SANDAG Regional Transportation Improvement Program and Regional Transportation Plan. Local emissions will be addressed in accordance with Caltrans Transportation Project Level Carbon Monoxide (CO) Protocol, if necessary.

Construction related emissions will be developed using EMFAC emission factors and compared with the federal Clean Air Act conformity de Minimis thresholds and the San Diego County Air Pollution Control District (SDAPCD) Air Quality Impact Analysis Guidelines. Dust control requirements and abatement measures consistent with the City and SDAPCD policies and regulations will be included in the analysis.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Air Quality and GHG Report

4.10 Noise Study
Consultant will prepare a noise study report (NSR) in accordance with Caltrans Traffic Noise Analysis Protocol and in the Standard Environmental Report (SER) format. Before starting the NSR, Consultant will prepare a work plan for City and Caltrans concurrence that includes a description of the proposed noise analysis methodology, assumptions, and noise abatement criteria.

The work will begin with an initial screening analysis to determine impact from potential construction noise or potential future traffic noise from the bridge and bridge approaches under both the noise abatement criteria (NAC) and City of Del Mar CEQA requirements. If no potential impacts are discovered, a noise screening report will be written and work terminated. If either potential construction or traffic noise impacts are identified, a full NSR will be prepared.

Consultant will conduct a field inspection within the project limits and conduct short-term (20-minute period) traffic noise model calibration measurements with simultaneous traffic counts at two measurement locations. In addition, long-term (continuous 24-hour period) measurements will be conducted at sensitive receptors in the four quadrants of the existing bridge area to define existing traffic noise levels and to calibrate the noise model.

The FHWA Traffic Noise Model (TNM) Version 2.5 will be used to model the existing bridge and approach roadway as a calibration point, using the traffic counts and measured noise levels obtained from Task 3.3. Consultant will update the TNM 43 May 16, 2022 Item 08
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model, as necessary, to include proposed bridge and approach roadway changes.

LOS C traffic flow conditions will be used as a basis for estimating the future traffic noise levels at the identified outdoor use areas along the project limits. It is anticipated that up to 10 receptors (including habitat areas) will be modeled and evaluated.

Consultant will determine whether estimated exterior noise levels at the outdoor use areas at the receptors will exceed the NAC and the appropriate City of Del Mar and CEQA standards. If so, Consultant will identify conceptual noise abatement techniques. A formal Noise Abatement Program will not be prepared.

Construction noise and vibration will also be qualitatively addressed in terms of potential impacts to humans, wildlife, and marine life.

The results of the analysis will be summarized in a report prepared in accordance with the Annotated NSR Outline contained on the Caltrans Standard Environmental Reference website (as of March 21, 2013). Consultant will make up to two rounds of revisions to the NSR in response to collective comments received from Caltrans and the City.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Noise Study Report (Draft)
 Noise Study Report (Final)

4.11 Section 4(f) Evaluation
Consultant will document the presence/absence of 4(f)-protected resources within the proposed project’s APE including publicly owned park or recreation areas, wildlife or waterfowl refuge of national, state or local significance, and/or any land of an historic site of national, state, or local significance (as determined by the federal, state, or local officials having jurisdiction over the park, area, refuge, or site). If 4(f) protected resources are identified in the project area, Consultant will evaluate potential direct and indirect impacts to 4(f) resources resulting from the project.

If determined with Caltrans that no 4(f) resources would be affected by the project, Consultant will prepare a “No Effect” memorandum in accordance with Caltrans requirements documenting: (1) 4(f) properties identified in the project area, and (2) that the project will not result in a “use” of such properties.

Consultant will ensure that the memorandum meets the format and content requirements of Caltrans.

If it is determined that use of 4(f) resource(s) will occur as a result of the project and Caltrans determines that preparation of de minimis impact findings is required, Consultant will prepare documentation in the form of a memorandum to 44 May 16, 2022 Item 08
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support de minimis impact findings. The memorandum will address the following:
 Applicability of Section 4(f) property proposed to be used by the project  A description of the use of the 4(f) property
 An explanation of why the use is de minimis
 Records of public involvement or Section 106 consultation  Any avoidance, minimization, and/or mitigation measures that are relied upon to make the de minimis finding
 Results of coordination with the official(s) with jurisdiction including written concurrence from official(s) with jurisdiction.

Caltrans will provide information regarding the public involvement and Section 106 consultation and will be responsible for coordination with the officials with jurisdiction over the property.

Up to two rounds of revisions to the Section 4(f) memorandum will be made based on the collective comments of the City and Caltrans.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Section 4(f) No Effect Memorandum or 4(f) de minimis Impact Findings Memorandum (Draft)
 Section 4(f) No Effect Memorandum or 4(f) de minimis Impact Findings Memorandum (Final)

4.12 Community Impacts Technical Memorandum
Consultant will prepare a Community Impacts (CIA) Technical Memorandum in accordance with Caltrans content and format requirements. The memorandum will evaluate potential community impacts within the project area, including access, parking, community character, sensitive land uses (pertaining to potential construction impacts, noise and vibration, traffic, air quality, and aesthetics); compatibility with major land use plans and regulations; and community impacts (related to Environmental Justice communities, community character, community cohesion, and acquisition).

Up to two rounds of revisions to the CIA will be made based on the collective comments from the City and Caltrans.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
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 CIA Technical Memorandum (Draft)
 CIA Technical Memorandum (Final)

4.13 Visual Impact Assessment
Consultant will prepare a Visual Impact Assessment (VIA) based on FHWA Visual Impact Assessment for Highway Project guidelines. The analysis will evaluate the visual impact of the project from up to four key viewpoints. The VIA will describe the existing visual characteristics of the area and identify any significant visual resources. The potential visual impacts from project construction and use of the replaced bridge will be evaluated through the use of ground level photographs from the key viewpoints. Visual conditions and project impacts will be quantified as required in the VIA guidelines for highway projects. Mitigation measures will be recommended, if necessary, to reduce significant impacts.

The VIA report will include viewshed maps and character/quality unit mapping and typical photos of the adjacent visual environment. It will also include mass diagram/model wireframes for each alternative being considered. These wireframes will be added over site photos. Detailed visual simulations will be provided for the preferred project. Up to four views will be created of the preferred alternative. An existing photo, proposed unmitigated, and a mitigated version will be provided. The VIA will be reviewed and signed by a licensed Landscape Architect.

Up to two rounds of revisions to the VIA will be made based on the collective comments of the City and Caltrans.

4.14 Conceptual Mitigation Plan
Consultant will prepare a conceptual mitigation plan to address potential options for compensating project impacts on sensitive natural communities and jurisdictional waters and wetlands. At a minimum, the plan will identify on- and/or offsite mitigation areas, mitigation type (i.e., establishment/re-establishment, rehabilitation, enhancement, preservation); conceptual plant palette(s); and conceptual performance standards.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Conceptual Mitigation Plan (Draft)
 Conceptual Mitigation Plan (Final)
Task 4 Assumptions
 All technical studies will have the following deliverable quantities  Administrative Draft Technical Studies (3 copies each)  Draft Technical Studies (3 copies each)
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 Final Technical Studies for Concurrence (3 copies each)  Final Approved Technical Studies (3 copies each)
Task 5: PUBLIC OUTREACH
The Camino Del Mar Bridge is a key connection point to Del Mar, and is located within one of the community's most valued assets, the San Dieguito Lagoon. The goal of this task is to assist the City with informing the public about the importance of the bridge replacement project, identify the community’s key issues and concerns, and provide information to the community on project status and design options for the proposed bridge.

Input from the public will be incorporated into the decision making process pertaining to design aesthetics and location of the new bridge.

5.1 Public Meetings
Consultant will attend and work closely with City staff to develop meeting agendas, presentations, and meeting materials for up to four public outreach meetings.

Consultant will attend two of the City Council meetings. Consultant will coordinate and facilitate meetings and maintain notes that can be shared with the public after review by City staff.

5.2 Information Exchange
Consultant will support Del Mar with content for City website updates that will allow for direct interaction with the community. The content will assist with educating the public about the project progress and timeline. It will also enable distribution of environmental study information and allow participation in the CEQA/NEPA process. A survey to enable the community to easily provide their input on bridge aesthetics and the new alignment will be developed, distributed, and evaluated once the project is structurally developed.

Deliverables
 Meeting Materials
 Bridge Aesthetics Survey
Task 6: ENVIRONMENTAL DOCUMENT
Consultant will prepare documentation needed pursuant to CEQA and work with Caltrans to support the environmental review requirements of NEPA. Based on the assumption that no significant, unmitigable environmental impacts or significant public controversy associated with the project would be anticipated, an Initial Study and Mitigated Negative Declaration (IS/MND) will be prepared under CEQA. A Categorical Exemption (CE) prepared by Caltrans is anticipated to meet the requirements of NEPA.

6.1 Draft Initial Study/Mitigated Negative Declaration
Consultant will prepare an administrative draft IS/MND using the environmental checklist form included as Appendix G of the CEQA guidelines (or other format preferred by the City). The document will be prepared in a narrative format that describes the environmental setting for the study area, summarizes the results of the 47 May 16, 2022 Item 08
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technical studies, identifies potential impacts resulting from the proposed project, and recommends mitigation measures (as appropriate). Each issue area will be evaluated at a suitable level of detail to address potential impacts of the proposed project and the ability of mitigation to reduce impacts to less than significant. The IS will only analyze the preferred project alternative at a full level of detail. An administrative draft IS will be submitted to the City for review and comment.

6.2 Public Review
After the City completes its review of the administrative draft IS/MND, Consultant will incorporate comments into a Draft IS/MND for public review. Consultant will also prepare a Notice of Intent to Adopt a Mitigated Negative Declaration. It is assumed that the City will print and distribute the IS/MND for public review including placing an announcement in the local newspaper. This scope assumes that no substantial changes in the project description occur after work starts on the IS.

6.3 Mitigation Monitoring and Reporting Plan
A Mitigation Monitoring and Reporting Plan (MMRP) and Environmental Commitments Record (ECR) will be prepared by Consultant that summarizes all of the project mitigation measures, the responsible parties for implementing each measure, and the timing for each measure. The MMRP will be included as an appendix to the final environmental document.

6.4 Final Initial Study/Mitigated Negative Declaration
After the close of the public comment period, Consultant will review the public and agency comments with the City, compile and number all substantive comments, and provide written responses for each comment provided. Consultant will provide the City with a draft set of responses to comments for review and approval.

Consultant will modify the draft IS/MND, if required, in response to public comment in order to prepare the Final IS/MND. The responses and document modifications assume no additional research is required.

Consultant will prepare a Notice of Determination for the City to file with the appropriate agencies.

6.5 NEPA Support
Consultant will coordinate with Caltrans to provide the documentation needed to complete the NEPA process. In concert with Caltrans and City staff, Consultant will determine specific formatting or content of technical reports to assure that they will meet the requirements of NEPA as well as CEQA.

In addition, Consultant will prepare a federal Coastal Consistency Certification addressing the proposed project’s consistency with the planning and management policies contained in Chapter 3 of the California Coastal Act.

Task 7: PROJECT REPORT

7.1 Draft Project Report
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Using data from Tasks 2 through 5, Consultant will complete a Draft Project Report to describe and document the project and alternative solutions. The report will include description of purpose and need, and discuss initial alternative development and conceptual alternative analysis. It will identify costs and identify impacts of the alternatives. The report will include discussion of environmental considerations, utilities, right-of-way, hydraulics, traffic management, design exceptions, and adherence to ADA standards. The report will provide a summary of the rationale for selecting the preferred alternative, and include schedule and cost details for the preferred alternative.

Deliverables
 Draft Project Report

7.2 Final Project Report
Consultant will coordinate review of the Draft Project Report with the City and Caltrans. Comments will be reviewed and responses incorporated. Report will be updated and finalized.

Deliverables
 Final Project Report
Task 8: 30% DESIGN BASIS

8.1 Geometric Approval Drawings
Geometric drawings of the preferred alternative shall be prepared in accordance with Caltrans District 11 GAD requirements near the end of the Environmental Document phase of the project. It is assumed that only the preferred alternative will be refined to the level of Geometric Approval Drawings (GAD). These will include plans, typical cross sections, profiles, and superelevation diagrams. The GAD will include appropriate signature blocks and traffic volume data shown on large sheets to clearly present the overall geometric design rather than on 11” x 17” sheet breakouts with matchlines.

The drawings will reflect Caltrans and City/SANDAG standards and criteria for this type of facility. Any nonstandard design elements will be documented in the appropriate Fact Sheet documents.

Deliverables
 Draft Geometric Approval Drawings
 Final Geometric Approval Drawings

8.2 Structure Type Selection Report
A type selection report including a general plan, foundation plan, design memo, design checklist and a general plan estimate for the proposed structures will be submitted for review and approval. Only one alignment alternative will be considered for the bridge type selection. A type selection review meeting may be held in which the Consultant shall be prepared to discuss and provide information 49 May 16, 2022 Item 08
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on foundation requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost, and other pertinent information that is needed to determine the proper structure type.

Ten copies of the type selection report including the proposed general plan, foundation plan, general plan estimate, type selection memo and a vicinity map shall be submitted for review four weeks prior to the structure type selection review meeting. The results of the meeting will be summarized in writing by the Consultant within two weeks following the meeting.

Deliverables
 Draft Structure Type Selection Report
 Final Structure Type Selection Report
VI. ADDITIONAL SERVICES
Additional services may be required that will be determined as this phase proceeds. Consultant shall not proceed with work considered to be outside the scope defined in Section IV without prior approval from the City of Del Mar. Optional services may include study of additional replacement alternatives, elevated environmental documentation, additional technical studies, funding studies, esthetic concepts, meetings beyond those defined above, and other items not defined above.

VII. WORK TO BE PERFORMED BY THE CITY
The City will be responsible for the management, control and execution of this contract, including the tasks listed below.

ADMINISTRATIVE TASKS

1. Issue written Notice to Proceed.

2. Make progress payments and final payment to the Consultant.

3. Answer all questions of project definition and the scope when required by the Consultant.

4. Review progress reports.

5. Make evaluation of Consultant’s contract performance.

6. Answer correspondence sent by the Consultant.

7. Call and conduct the joint meeting, if necessary, to discuss the engineering and/or environmental activities that are being studied.

8. Handle all inquiries from the public, media, and other agencies.

9. Process federal forms and requests related to project funding.

ENGINEERING TASKS

1. Review, concur, and/or approve all submittals.

2. Print and distribute reports, findings, and related documents prepared by Consultant.

OTHER TASKS
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1. Obtain general plan conformance certification as required.

VIII. DESIGN STANDARDS
The preliminary plans / technical report and environmental document, shall be prepared in accordance with current Caltrans regulations, policies, procedures, manuals, and standards including compliance with FHWA requirements and/or City and County Road Standards as appropriate. The technical report prepared in support of the environmental document will follow the format for Caltrans Project Report (PR). Improvements of local roads may be prepared in accordance with City standards in lieu of Caltrans standards as directed by the City. Consultant will prepare fact sheets for COUNTY approval, documenting the exceptions to mandatory and advisory design standards. All documents shall be prepared using English Standard Units and dimensions.

ENVIRONMENTAL
The procedures to be followed and the content of the environmental surveys, environmental technical reports, and environmental documents are set forth in Caltrans Project Development Procedures Manual (PDPM), Caltrans Environmental Handbook, Caltrans Transportation Laboratory technical manuals for environmental studies, FHWA’s Technical Advisory T6640.8A, and Caltrans SER on the Caltrans website. Federal and state requirements for environmental analysis and impact assessment, as set forth in NEPA, CEQA, and other applicable federal and state regulations, will be satisfied.

DESIGN
Roadway design will be in accordance with the current Caltrans Highway Design Manual and its revisions and/or City Road Standards as appropriate. Traffic design will be in accordance with the California Manual of Uniform Traffic Control Devices (CA MUTCD). The Draft Geotechnical Design Report will be prepared in conformance with the current edition of the State Manual of Test, California Test Method 130.

IX. PAYMENT OF FEE FOR CONSULTANT SERVICES
Consultant’s billings shall be segregated according to the following cost categories:

TASK 1: Project Management $115,433.53
TASK 2: Coordination and Meetings $187,723.95
TASK 3: Preliminary Engineering $353,186.63
TASK 4: General Environmental Studies $300,950.03
TASK 5: Public Outreach $39,031.23
TASK 6: Environmental Document $89,024.19
TASK 7: Project Report $56,935.60
TASK 8: 30% Design Basis $74,048.78

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X. METHOD OF PAYMENT
A. Payment for Tasks 1 through 8 of Work Stage B listed above shall be at a time-andmaterials (cost reimbursement) basis and shall be made in accordance with Section IX “Consultant’s Fee” of the Agreement.

NOTE:

The Not to Exceed fee $1,216,333.95 shall be effective based on the schedule herein assuming notice to proceed no later than December 31, 2016.

B. Additional services (if required) and payment will be authorized by the change order or by the contract amendment per Section 14 “Work Changes or Revisions” of the Agreement.

XI. PROJECT SCHEDULE
Calendar Days
Activity Allowed
TASKS 1-2 730 (1)
TASK 3 160 (1)
TASK 4 270 (2 – Task 3)
TASK 5 As directed by City
TASK 6 150 (2 – Task 4)
TASK 7 150 (2 – Task 4)
TASK 8 50 (2 – Task 7)
(1) Calendar days after receipt of Notice-to-Proceed for Activity (2) Calendar days after receipt of approval of previous submittal APPROVALS:
____________________________________ __________________

DEPARTMENT OF ENGINEERING DATE
Tim Thiele, City Engineer
____________________________________ __________________

DEPARTMENT OF PUBLIC WORKS DATE
Eric Minicilli, Director of Public Works
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ID Task Name Duration Start Finish
1 Work Stage
A ‐ Rehabilitation Strategy 1349 days Wed 2/15/12 Mon 4/17/17 2 City Contract / NTP
0 days Wed 2/15/12 Wed 2/15/12
3 Develop Rehabilitation Strategy Report 141 days Wed 2/15/12 Wed 8/29/124 Review by City and Caltrans 39 days Thu 8/30/12 Tue 10/23/125 Caltrans Rehabilitation Strategy Concurrence 2 days Wed 10/24/12 Thu 10/25/126 Final Strategy Report 13 days Fri 10/26/12 Tue 11/13/127 Project Coordination & Funding with SANDAG
0 days Wed 10/24/12 Wed 10/24/12
8 Caltrans SLA Funding Meeting
0 days Mon 12/10/12 Mon 12/10/12
9 Geotechnical Borings (SANDAG)
0 days Wed 5/8/13 Wed 5/8/13
10 Geotechnical Documentation (SANDAG)
0 days Wed 1/28/15 Wed 1/28/15
11 Caltrans SLA Funding Meting
0 days Thu 9/24/15 Thu 9/24/15
12 Identify Funding Opportunities and Approval for Phase B 1154 days Wed 11/14/12 Mon 4/17/17
13 Work Stage
B ‐ Preliminary Engineering
& Environmental 523 days Tue 4/18/17 Thu 4/18/19
14 City Contract / NTP 1 day Tue 4/18/17 Tue 4/18/1715 Mobilization 10 days Wed 4/19/17 Tue 5/2/1716 Task 1: Project Management 522 days Wed 4/19/17 Thu 4/18/1917 Task 2: Coordination and Meetings 502 days Wed 5/17/17 Thu 4/18/1918 PDT Meetings 502 days Wed 5/17/17 Thu 4/18/1919 Task 3: Preliminary Engineering 150 days Wed 5/3/17 Tue 11/28/1720 Research & Data Gathering 50 days Wed 5/3/17 Tue 7/11/17
21 Develop Preliminary Project Alternatives 30 days Wed 7/12/17 Tue 8/22/1722 Prepare Draft Bridge Hydraulics Report 30 days Wed 8/23/17 Tue 10/3/1723 Preliminary Geotechnical Reports 40 days Wed 8/23/17 Tue 10/17/1724 Traffic Study 30 days Wed 8/23/17 Tue 10/3/1725 Utility Conflict Matrix 30 days Wed 8/23/17 Tue 10/3/1726 Roadway Concept Layouts 40 days Wed 8/23/17 Tue 10/17/1727 Architectural Concept Designs 15 days Wed 9/27/17 Tue 10/17/1728 Advanced Planning Studies 30 days Wed 10/18/17 Tue 11/28/1729 Preliminary Drainage Report 15 days Wed 9/27/17 Tue 10/17/1730 Water Quality Study 15 days Wed 10/18/17 Tue 11/7/1731 Preliminary Environmental Study (PES) 46 days Wed 8/23/17 Wed 10/25/1732 Prepare Draft PES 15 days Wed 8/23/17 Tue 9/12/1733 City Review 1st Draft PES 10 days Wed 9/13/17 Tue 9/26/1734 Revise PES 5 days Wed 9/27/17 Tue 10/3/1735 City submit PES to Caltrans 1 day Wed 10/4/17 Wed 10/4/1736 Caltrans Review and Approval of PES 15 days Thu 10/5/17 Wed 10/25/1737 Field Review 1 day Thu 10/5/17 Thu 10/5/1738 Task 4: Environmental Technical Studies 270 days Wed 8/23/17 Tue 9/4/1839 Environmental Study Management 270 days Wed 8/23/17 Tue 9/4/1840 Project Description 5 days Wed 11/29/17 Tue 12/5/1741 Wetlands Delineation 40 days Wed 12/6/17 Tue 1/30/1842 Lagoon Health Assessment 30 days Wed 12/6/17 Tue 1/16/1843 HPSR and ASR 40 days Wed 12/6/17 Tue 1/30/1844 Environmental Site Assessment 40 days Wed 12/6/17 Tue 1/30/1845 Species Surveys 80 days Wed 8/23/17 Tue 12/12/17 2/15
10/24
12/10
5/8
1/28
9/24
H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

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ID Task Name Duration Start Finish
46 Biological Assessment 60 days Wed 1/31/18 Tue 4/24/18 47 Air Quality
& Greenhouse Gas 40 days Wed 12/6/17 Tue 1/30/18
48 Noise Study 40 days Wed 12/6/17 Tue 1/30/1849 Section 4(f) Evaluation 30 days Wed 12/6/17 Tue 1/16/1850 Community Impacts Technical Memorandum 30 days Wed 1/17/18 Tue 2/27/1851 Visual Impact Assessment 30 days Wed 12/6/17 Tue 1/16/1852 Conceptual Mitigation Plan 20 days Wed 4/25/18 Tue 5/22/1853 City & Caltrans Review Draft Technical Studies 30 days Wed 5/23/18 Tue 7/3/18 54 2nd Draft Technical Studies 20 days Wed 7/4/18 Tue 7/31/1855 Caltrans Final Review Technical Studies 15 days Wed 8/1/18 Tue 8/21/1856 Final Technical Studies 10 days Wed 8/22/18 Tue 9/4/1857 Task 5: Public Outreach 300 days Wed 11/29/17 Tue 1/22/1958 Public Meetings 300 days Wed 11/29/17 Tue 1/22/1959 Information Exchange 120 days Wed 11/29/17 Tue 5/15/1860 Task 6: Environmental Document 150 days Wed 9/5/18 Tue 4/2/1961 Admin Draft Initial Study (IS) & Mitigated Negative Declaration 15 days Wed 9/5/18 Tue 9/25/18 62 City Admin Draft IS
& MND Review 20 days Wed 9/26/18 Tue 10/23/18
63 Response to Comments and Resubmittal 10 days Wed 10/24/18 Tue 11/6/1864 City IS & MND Review 10 days Wed 11/7/18 Tue 11/20/18
65 Finalize IS
& MND 5 days Wed 11/21/18 Tue 11/27/18
66 City distributes IS and MND for public review 5 days Wed 11/28/18 Tue 12/4/1867 Public Review Period 30 days Wed 12/5/18 Tue 1/15/1968 Prepare response to comments and Mitigation Monitoring & 5 days Wed 1/16/19 Tue 1/22/19
69 City review response to comments and MMRP 10 days Wed 1/23/19 Tue 2/5/1970 Revise Response to comments and MMRP 5 days Wed 2/6/19 Tue 2/12/1971 City reviews response to comments and MMRP 10 days Wed 2/13/19 Tue 2/26/1972 Prepare Final MND 5 days Wed 2/27/19 Tue 3/5/1973 City MND and LCP Staff Report to Council 10 days Wed 3/6/19 Tue 3/19/1974 Adopt MND & Approve City CDP (CEQA, City of Del Mar) 5 days Wed 3/20/19 Tue 3/26/19 75 Sign CE (NEPA, Caltrans) 5 days Wed 3/27/19 Tue 4/2/1976 Task 7: Project Report 110 days Wed 9/5/18 Tue 2/5/1977 Draft Project Report (DPR) 60 days Wed 9/5/18 Tue 11/27/1878 Circulate DPR 20 days Wed 11/28/18 Tue 12/25/1879 Final Project Report 30 days Wed 12/26/18 Tue 2/5/1980 Task 8: 30% Design Basis 50 days Wed 2/6/19 Tue 4/16/1981 Prepare Geometric Approval Drawings (GAD) 20 days Wed 2/6/19 Tue 3/5/1982 Review and Approval of GAD 30 days Wed 3/6/19 Tue 4/16/1983 Prepare Type Selection Report (TSR) 20 days Wed 2/6/19 Tue 3/5/1984 Review and Approval of TSR 30 days Wed 3/6/19 Tue 4/16/1985 Work Stage C ‐ PS&E and Permitting 275 days Wed 4/17/19 Tue 5/5/20 86 Regulatory Permits 120 days Wed 4/17/19 Tue 10/1/1987 Intermediate Design and PS&E 125 days Wed 4/17/19 Tue 10/8/1988 Final Design and PS&E 150 days Wed 10/9/19 Tue 5/5/2089 Work Stage D ‐ Construction Bidding and Award 205 days Wed 5/6/20 Tue 2/16/21 90 Construction Authorization Request 10 days Wed 5/6/20 Tue 5/19/20 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

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ID Task Name Duration Start Finish
91 Right‐of‐Way Certification 60 days Wed 5/20/20 Tue 8/11/20 92 Construction Finding Obligation 55 days Wed 8/12/20 Tue 10/27/2093 DLAE 5 days Wed 8/12/20 Tue 8/18/2094 Headquarters 10 days Wed 8/19/20 Tue 9/1/2095 FHWA 40 days Wed 9/2/20 Tue 10/27/2096 Bidding & Award 80 days Wed 10/28/20 Tue 2/16/21
97 Work Stage E ‐ Construction 340 days Wed 2/17/21 Tue 6/7/22 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

CAMINO DEL MAR BRIDGE REPLACEMENT
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Deputy Mayor Tracy Martinez Liaisons to the Traffic and Parking Advisory Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: May 16, 2022
SUBJECT: Traffic and Parking Advisory Committee Appointment REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Traffic and Parking Advisory Committee recommend that the City Council appoint John Spelich as a member to the Committee to serve a full three-year term effective May 16, 2022, and ending on May 31, 2025.

DISCUSSION/ANALYSIS:

The Traffic and Parking Advisory Committee (TPAC) was established with the purpose of developing advisory recommendations to the City Council on specified traffic and parking items referred to the Committee by City staff or the City Council. The Committee relies on the advice of City staff, including the City’s traffic and engineering consultants, and the Sheriff’s Department. TPAC also has the authority to refer specific concerns to the City’s contract traffic engineer, upon approval of the City Manager. TPAC consists of seven voting members, one of which is a business representative member representing a business located in Del Mar. The business representative may be a non-resident. Geographic diversity is desirable and is taken into account when the Council appoints members to the Committee.

There is currently one vacancy on the Committee due to the election of Tracy Martinez to City Council in November 2020, and City committees being placed on hold through the end of 2021. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from John Spelich (Attachment A). The TPAC Council Liaisons have reviewed the application and recommend that the City Council appoint John Spelich for a full three-year term effective May 16, 2022, and ending on May 31, 2025.

If the recommended appointment is approved by the City Council, the TPAC will have a full roster with no remaining vacancies. A copy of the current Committee roster is included in this report for the Council’s reference as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current TPAC Roster
1 May 16, 2022 Item 09

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Spelich John W
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Del Mar, CA
Business Street Address City, State
Same
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee X Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

I am fortunate to have the time to volunteer and help to make my city the best it can be in terms of serving and balancing the needs of our residents and our business community.

Education:

Bachelor of Arts in Communications – The University of Michigan Juris Doctorate – Michigan State University School of Law 2 May 16, 2022 Item 09

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):
40 years+ in journalism, communications, corporate affairs, and the law. I hope to help the city continue to move forward and to use my experience and skills to assist all stakeholders in better communicating their concerns and needs to our elected and appointed officials so the Council and city staff can make decisions that are in the overall best interest of the residents and businesses of Del Mar.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

None
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since: Jan 2017
I have been a resident of San Diego County since: Jan 2017 I have been a resident of Del Mar since: Jan 2017
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No
First time applicant.
3 May 16, 2022 Item 09

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 4 May 16, 2022 Item 09

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☒ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☒ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 5 May 16, 2022 Item 09

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. ________ March 30, 2022______________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
7 May 16, 2022 Item 09
City of Del Mar
Traffic & Parking Advisory Committee
Appointing Authority City Council
Position Vice Chair/Secretary
Kenneth E Barrett
1st Term May 07, 2018 - Feb 29, 2024
Appointing Authority City Council
Jeffrey H Dysart
1st Term Jun 01, 2018 - Mar 01, 2024
Appointing Authority City Council
Katherine White
1st Term May 06, 2019 - Mar 02, 2024
Appointing Authority City Council
Category Commercial Property Owner
Greg Glassman
2nd Term Apr 02, 2019 - Jan 30, 2025
Appointing Authority City Council
Robin Crabtree
3rd Term Sep 02, 2019 - Jun 01, 2025
Appointing Authority City Council
Position Chair
John L Imperato
1st Term Sep 02, 2019 - Jun 01, 2025
Appointing Authority City Council
Vacancy
Board Roster
Traffic & Parking Advisory Committee Page 1 of 1
8 May 16, 2022 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Management Analyst/Acting City Clerk Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

DISCUSSION/ANALYSIS:

On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.

On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council has reconsidered the circumstances of the state of emergency every thirty (30) days and has adopted a number of resolutions extending remote public meetings. Most recently, Resolution 2022-26 was adopted May 2, 2022, to continue with remote meetings through June 1, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
1 May 16, 2022 Item 10
City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 May 16, 2022

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Staff recommends the City Council adopt the Resolution (Attachment A) in order for there to be no gap in the City’s ability to hold public meetings, including special meetings, remotely between June 1, 2022, when Resolution 2022-26 expires, and the next City Council meeting on June 6, 2022. Approval of the proposed Resolution (Attachment A) will allow the City Council, Planning Commission, Design Review Board and City advisory committees to continue to meet remotely through June 15, 2022.

On April 18, 2022, the City Council considered timing options for resuming in-person public meetings. Given the public health circumstances and time needed to facilitate a smooth transition to in-person meetings, Council is targeting September 2022 for resuming in-person meetings beginning with the September 6, 2022 City Council meeting.

In accordance with Government Code Section 54953 (AB 361) the City Council will continue to reconsider the public health circumstances every thirty (30) days.

PRIOR CITY COUNCIL REVIEW:

The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020 and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021; Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13, 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; and Resolution 2022-26 on May 2, 2022 allowing for the continuation of remote public meetings under the provisions established by AB361.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for FY 2021-22.

ATTACHMENTS:

Attachment A – Resolution Related to AB361 Thirty (30) Day Continuance 2 May 16, 2022 Item 10
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER
GOVERNMENT CODE SECTION 54953 RELATED TO
ASSEMBLY BILL 361 IN ORDER TO CONTINUE THE USE OF

TELECONFERENCE OR A REMOTE MEETING PLATFORM TO

FACILITATE REMOTE PUBLIC MEETINGS
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and
WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with Assembly Bill 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13; 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; and Resolution 2022-26 on May 2, 2022; and
3 May 16, 2022 Item 10
Resolution No. 2022-XX

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WHEREAS, on May 16, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for the next thirty (30) days in accordance with AB361 based on the following findings:

1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.

BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 16th day of May 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

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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, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 16th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
5 May 16, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Environmental Sustainability and Special Projects Manager Kristen M. Crane, Assistant City Manager
Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Public Hearing to Establish Solid Waste Collection Service Rates REQUESTED ACTION/RECOMMENDATION:

Staff requests the City Council:

1. Conduct a public hearing and determine whether there is a majority protest to the proposed rates for solid waste collection services effective July 1, 2022; and

2. Adopt a Resolution (Attachment A) to establish rates for solid waste collection service effective July 1, 2022, if there is no majority protest (50 percent plus one).

BACKGROUND:

The City of Del Mar provides for the management of solid waste for its residents and businesses as outlined in Section 11.20 of the Del Mar Municipal Code through a franchise agreement with a private waste hauler. The current franchise agreement is with Waste Management and expires June 30, 2022. Following a nine-month competitive bid process for the City’s next solid waste hauler, on February 22, 2022, the City Council unanimously approved a new 10-year franchise agreement with EDCO Disposal Corporation (EDCO) for solid waste collection service beginning July 1, 2022.

The competitive search included the issuance of a request for proposals. Three companies submitted bids: EDCO; Republic Services; and the City’s current waste hauler, Waste Management. The evaluation team (consisting of City staff, consultants and Council subcommittee) reviewed the proposals and checked references. Interviews and site visits were a key component of the evaluation because each hauler proposed a different approach toward meeting the requested scope of services. In particular, the evaluation team focused on each company’s ability to meet new State mandates for recycling organic materials, including food waste.

In addition to proposing the lowest overall cost to Del Mar’s ratepayers, EDCO was the most qualified to perform the requested services. Specifically, EDCO’s proposal highlighted their 1 May 16, 2022 Item 11
City Council Agenda Report
Solid Waste Collection Service Rates – Public Hearing
May 16, 2022

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significant investment in local recycling and organics processing facilities, most notably their new anaerobic digestion facility in Escondido, California. That facility will process Del Mar’s organic waste (green waste comingled with food waste) into renewable natural gas that will power the collection trucks servicing Del Mar. EDCO’s proposal also included all new, smaller and lighter two-axle collection trucks powered by renewable natural gas.

EDCO’s services include the collection, transfer, processing, and disposal of all solid waste, recyclables, and organic waste generated in the City of Del Mar. The new agreement with EDCO proposed residential, commercial, and multi-family rates for the various solid waste collection services included in the agreement. Single-family and multi-family customers with cart service will be charged a monthly base rate, which includes the weekly collection of trash (grey cart), recyclables (blue cart), and organics (landscaping and food waste, in a green cart), based on the size of the trash cart. Multi-family and commercial customers with trash, recycling, and organics cart and/or bin service will be charged a monthly rate based on the number and size of their carts and/or bins and the number of weekly pickups.

Approval of the City’s next 10-year franchise agreement included EDCO’s proposed rates for solid waste collection services effective July 1, 2022. As a follow-up action, the City is required by State law to notify all property owners in the City and hold a public hearing to consider the proposed rates. The City Council set the date for the public hearing for May 16, 2022.

DISCUSSION/ANALYSIS:

To stabilize rates paid by Del Mar customers for solid waste collection service over the long term, the City Council began adopting five-year rate reviews with annual adjustments in 1999.

The last five-year rate review occurred in 2017. Consistent with that approach, EDCO’s agreement sets forth initial rates and a formula for the calculation of rates and subsequent adjustments, which includes variables such as the Consumer Price Index (CPI) and increases in disposal fees. If the proposed rates are adopted, the rates and subsequent annual adjustment allowances will be set for the next five (5) years.

The table below shows the current and proposed monthly rates for the most common residential cart and commercial/multi-family bin collection service. Full rate details for all Del Mar customer service levels can be found in Attachment B.

Proposed Monthly Service Rates
Effective July 1, 2022 – June 30, 2023 Current
Rate
Proposed
Rate
Increase
($)
Residential Service
(Includes Trash, Recycling, Organics
Carts Once Per Week)
35 gal. $18.94 $24.95 $6.01
64 gal. $23.99 $28.95 $4.96
96 gal. $26.64 $29.95 $3.31
Commercial/Multi-Family Service
(3-Yard Bin Once Per Week)
Trash $132.01 $135.71 $3.70
Recycling $42.15 $115.35 $73.20
Commercial customers will also be required to subscribe to mandatory organics recycling service. The table below shows the three most common proposed monthly commercial 2 May 16, 2022 Item 11
City Council Agenda Report
Solid Waste Collection Service Rates – Public Hearing
May 16, 2022

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organics recycling rates. The complete list of commercial rates can also be found in Attachment B.

Proposed Monthly Commercial Organics Service Rates
Effective July 1, 2022 – June 30, 2023 Proposed Rate
64 Gal. Cart Once Per Week $74.27
96 Gal. Cart Once Per Week $83.01
2-Yard Bin Once Per Week $98.35
Why the Rates Are Increasing
The City sets solid waste rates for its residents and businesses to fund the costs of providing solid waste and diversion services through a franchise to protect public health, safety, and welfare and to meet the City’s obligations under State law. Such State requirements include, notably, SB 1383, the most significant waste reduction mandate adopted in California in the last 30 years. SB 1383 mandates that municipalities reduce emissions of short-lived climate pollutants through the reduction of organic waste disposal by 50% by 2020 and 75% by 2025, or face penalties of up to $10,000 per day. The State estimates that organics like food scraps and yard trimmings make up half of what Californians dump in landfills.

To comply with SB 1383, the City’s new waste hauler, EDCO, will implement a comprehensive program beginning July 1, 2022, including commingled organics collection, public education, and a monitoring and reporting system. Diverting this material from the waste stream and treating the organic material as a resource rather than as waste keeps methane-producing materials out of the landfill and supports State and City actions to fight climate change. These mandatory organic diversion services are in addition to the services currently provided to City customers and thus contribute to the new rates.

Furthermore, the City’s solid waste rates have increased only by adjustments to the consumer price index (typically 1-3% per year) over the past 10 years of the City’s current franchise agreement. The proposed rates effective July 1, 2022, represent a market recalibration of the rates to reflect the increased cost of doing business since 2012, the last time the City negotiated a solid waste franchise agreement.

Finally, the proposed rates are increasing due to a global decline in the value of recyclable materials, which limits the waste hauler’s ability to offset operating costs with revenue from the sale of this waste stream.

Although the City is transitioning to a new solid waste hauler, it is important to note that the change in service provider is not the driving factor behind the increase in rates. In fact, had the City retained its current service provider for the next contract, the rates would have increased significantly more than the rates proposed by EDCO for the majority of Del Mar customer types.
3 May 16, 2022 Item 11
City Council Agenda Report
Solid Waste Collection Service Rates – Public Hearing
May 16, 2022

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Public Protest Process
Proposition 218 requires that property-related fees and charges be subject to a protest process and hearing. In accordance with this process, a Notice of Public Hearing (Attachment C) of the proposed rates was mailed (March 24, 2022) more than 45 days prior to the public hearing (May 16, 2022) to all affected property owners in the City, as well as to property owners with mailing addresses outside the City limits. The notice included information about the City’s proposed solid waste collection services and rates, why those rates are increasing, and the public hearing process.

Property owners and/or ratepayers can submit a written protest to the increased service rates.

As of publication of this report, one written protest had been received. If there is no majority protest of ratepayers received by U.S. Mail or delivered in person on or before the conclusion of the public hearing on May 16, 2022, which is defined as 50 percent plus one of the property owners or ratepayers, the Council is requested to adopt the attached resolution (Attachment A), which will enact the proposed rates and charges effective July 1, 2022. If written protests are submitted by a majority of affected property owners, the proposed rates for solid waste collection service may not be implemented. The City sent 3,260 notices to property owners in Del Mar, so a successful majority protest would require 1,631 written protests.

FISCAL IMPACT:

There is no fiscal impact to the City if the proposed solid waste collection services rates are adopted.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The recommended action is operational and is not a special project on the City Council’s list of goals and priorities.

ATTACHMENTS:

Attachment A – Resolution 2022-XX
Attachment B – Proposed Solid Waste Collection Service Rates Attachment C – Notice of Public Hearing
4 May 16, 2022 Item 11
Attachment A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING SOLID WASTE COLLECTION
SERVICE RATES EFFECTIVE JULY 1, 2022
WHEREAS, on September 26, 2011, the City Council authorized the execution of a ten-year solid waste franchise agreement with Coast Waste Management (“Waste Management”) beginning April 1, 2012 and expiring June 30, 2022; and WHEREAS, the solid waste and diversion service rates for residential and commercial users pursuant to the franchise agreement with Waste Management were most recently modified on July 20, 2020, effective August 1, 2020; and WHEREAS, the City of Del Mar recently completed a competitive procurement process for a new franchise for the City’s solid waste collection services; and WHEREAS, on February 22, 2022, the City Council unanimously approved a new tenyear franchise agreement with EDCO Disposal Corporation (“EDCO”) for solid waste collection services beginning July 1, 2022; and
WHEREAS, the new franchise agreement with EDCO proposes residential, commercial, and multi-family rates for the various solid waste collection services set forth in the agreement, which include not only the collection services currently provided by Waste Management but also additional organic waste diversion services required by Senate Bill (SB) 1383; and
WHEREAS, Proposition 218, enacted as Section 6 of Article XIII D of the California Constitution, requires that property-related fees and charges be subject to a public hearing to consider all protests against the proposed fees and charges; and WHEREAS, Proposition 218 provides for a minimum notice period of 45 days to allow property owners and rate payers to consider whether to protest the proposed rates; and WHEREAS, Proposition 218 provides that, if written protests against proposed property-related fees are presented by a majority of the property owners of record upon which the proposed fees would be imposed, the fee adjustment shall not be implemented; and WHEREAS, the City has considered all comments and correspondence, and the findings and conclusions made by the City pursuant to this Resolution are based upon all of the oral and written evidence presented to it and taken as a whole; and WHEREAS, based on the record and evidence before the City Council, the City Council has determined that it is necessary to adopt this Resolution to implement the recommended rates and charges; and
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Resolution No. 2022-XX

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WHEREAS, a duly noticed public hearing was held before the Del Mar City Council at its regular meeting of May 16, 2022, where the City Council and the public considered the recommendation for changes in rates for solid waste collection services.

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

1. The above recitals are true and correct.

2. Notice of the proposed rates for solid waste collection service and of the public hearing thereon was given pursuant to Proposition 218 to record owners of all affected parcels on March 24, 2022.

3. The public hearing required by Proposition 218 was duly held by the City Council, pursuant to notice, on May 16, 2022 and ____ written protests were received in opposition to the proposed Solid Waste Collection Service Rates, constituting less than a majority of the affected property owners.

4. The rates confirmed by Resolution 2020-43 for solid waste and diversion services are hereby rescinded and the new solid waste collection service rates shall be as set forth in Exhibit 1 of this Resolution.

5. This Resolution shall be applied with respect to service beginning July 1, 2022.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 16th day of May 2022.
_____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Leslie E. Devaney, City Attorney
City of Del Mar
6 May 16, 2022 Item 11
Resolution No. 2022-XX

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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, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Acting City Clerk
City of Del Mar
7 May 16, 2022 Item 11
1 35 gallon refuse cart per month $24.95
2 64 gallon refuse cart per month $28.95
3 96 gallon refuse cart per month $29.95
4 35 gallon extra cart per month $6.00
5 64 gallon extra cart per month $6.00
6 96 gallon extra cart per month $6.00
7 Backyard Service per month $39.95
8 Manual Service per month $44.95
Line Rates per
Occurrence
1 $20.00
2 $20.00
3 $50.00
4 $10.00
5 $10.00 Cart Overage Fee (for more than two overage pickups per year)
Single-family Extra Services Rates Per Occurance
Single-Family Residential Rates
Monthly Rates per Container - Single-family Customers
Line Size Billing Unit Monthly Rate per
Unit
Service Description
Additional Bulky Item Pickups (in excess of three per
year)
Cart Exchange (in excess of one per year)
Cart Replacement
Cart Contamination Fee
Effective 7.1.2022
8 May 16, 2022 Item 11
1 2 3 4 5 6
1 2 cubic yard $115.70 $210.58 $319.34 $402.57 $499.16 $595.78 2 3 cubic yard $135.71 $249.70 $374.55 $472.96 $586.64 $700.29 3 4 cubic yard $190.15 $349.87 $524.81 $676.12 $839.86 $1,003.56 4 6 cubic yard $221.65 $407.83 $611.75 $812.17 $1,009.37 $1,206.56 5 3 yd split bin $199.50 $374.26 $556.61 $735.00 $915.00 $1,095.00 6 64 gallon cart $87.38 $160.78 $241.17 $314.50 $391.00 $467.50 7 96 gallon cart $97.66 $179.69 $269.54 $351.50 $437.00 $522.50 8 Scout Service $35.47 $65.26 $97.89 $136.28 $170.78 $205.28 9 Lock Bin svc $13.93
1 2 3 4 5 6
1 2 cubic yard $98.35 $178.99 $271.44 $342.18 $424.29 $506.41 2 3 cubic yard $115.35 $212.24 $318.37 $402.02 $498.64 $595.25 3 4 cubic yard $161.63 $297.39 $446.09 $574.70 $713.88 $853.03 4 6 cubic yard $188.40 $346.66 $519.98 $690.34 $857.96 $1,025.58 5 64 gallon cart $74.27 $136.66 $204.99 $267.33 $332.35 $397.38 6 96 gallon cart $83.01 $152.74 $229.11 $298.78 $371.45 $444.13 7 Scout service $35.47 $65.26 $97.89 $136.28 $170.78 $205.28 8 Lock Bin svc $13.93 $0.00 $0.00 $0.00 $0.00 $0.00
1 2 3 4 5 6
1 2 cubic yard $98.35 $178.99 $271.44 $342.18 $424.29 $506.41 2 3 cubic yard $115.35 $212.24 $318.37 $402.02 $498.64 $595.25 3 4 cubic yard $161.63 $297.39 $446.09 $574.70 $713.88 $853.03 4 6 cubic yard $188.40 $346.66 $519.98 $690.34 $857.96 $1,025.58 5 64 gallon cart $74.27 $136.66 $204.99 $267.33 $332.35 $397.38 6 96 gallon cart $83.01 $152.74 $229.11 $298.78 $371.45 $444.13 7 Scout service $35.47 $65.26 $97.89 $136.28 $170.78 $205.28 8 Lock Bin svc $13.93 $0.00 $0.00 $0.00 $0.00 $0.00
Monthly Rates per Bin - Recyclables
Monthly Rates per Container - Refuse Service
Monthly Rates per Bin - Organics
Commercial and Multi-family Bin and Cart Rates
Effective 7.1.2022
Line Size Pickups Per Week
Line Size Pickups Per Week
Line Size Pickups Per Week
9 May 16, 2022 Item 11
Line Rates per
Occurrence
Extra Bin Services
1 $73.16
2 $85.81
3 $120.23
4 $140.15
5 $11.58
6 $31.29
7 $50.00
8 $279.00
9 $75.00
10 $20.00
11 $75.00
Bin Delivery Fee
Initial Installation of Hasp for Locking Bin Service
Bin Exchange (in excess of one per year)
2 cy Bin Extra Pick Up
4 cy Bin Extra Pick Up
Service Description
Effective 7.1.2022
Commercial Extra Services Rates
3 cy Bin Extra Pick Up
6 Cy Bin Extra Pick Up
Bin Contamination Fee (after two contaminations in a calendar year) Bin overage fee (after two incidents in a calendar year) Multi-family Bulky Item Pickup (in excess of one per dwelling unit) Construction Temporary Bin Service - 3 cubic yard Bin
10 May 16, 2022 Item 11
Line Rate per Load
1 $475.00
2 $475.00
3 $475.00
4 $475.00
5 Re-delivery/Return Trip Fee (per occurrence) $165.00
Line Rate per Ton
1 $60.72
2 $101.11
3 $0.00
4 $116.67
5 $0.00
Landfill
Construction & Demolition
Recyclables Processing
Organics Processing
Overweight charge (per ton over 10 tons)
Rolloff Rates
26 - 40 cubic yards- compactor
Service Description
Service Description
Roll-off Rates Per ton Ton- Disposal / Processing ( in addition to Haul Rate)
Roll-Off Box - Rates per load (excluding disposal/processing) Effective 7.1.2022
10 cubic yards- low boy
15 - 25 cubic yards- open top
26 - 40 cubic yards- open top
11 May 16, 2022 Item 11
12 May 16, 2022 Item 11
13 May 16, 2022 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Introduction of an Ordinance to Accept Modifications to the 5 th Cycle
Housing Element Program 2G Local Coastal Program Amendment Pursuant to Coastal Commission Action
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) to accept the modifications required for final certification of the 5 th Cycle Housing Element Program 2G
Local Coastal Program Amendment (LCPA) per action taken by the California Coastal Commission (CCC) on May 11, 2022.

DISCUSSION/ANALYSIS:

The CCC will take action on the City’s 5
th Cycle Housing Element Program 2G LCPA at
their meeting on May 11, 2022 (Item W16b). Following is a link to the CCC staff report:
https://www.coastal.ca.gov/meetings/agenda/
To comply with State housing law and the City’s prior housing commitment adopted in the 5 th Cycle Housing Element, the City must accept the complete package of CCC modifications as reflected in the proposed Ordinance (Attachment A). The modifications amend prospective Housing Element Implementation Overlay Zone (HEI-OZ) Ordinance No. 979 (Attachment B) and prospective Rezone Ordinance No. 980 (Attachment C):
 Ordinance No. 979 was previously adopted by the City Council to amend the Del Mar Municipal Code (DMMC) by adding a new Zoning Code Chapter 30.92 and amending existing DMMC Section 30.75.080 to create a new HEI-OZ. The HEIOZ would be used as the zoning mechanism to implement Housing Element programs pursuant to Government Code Section 65583.2 (h) and (i), where required, to authorize “by right” multiple-dwelling unit development at 20-25 dwelling units per acre (du/ac) with an affordable unit component. Further, the HEIOZ includes procedures to clarify the process for development permit approval and development standards, and mitigation, monitoring and reporting requirements, 1 May 16, 2022 Item 12
City Council Agenda Report
Acceptance of CCC Mods (2G LCPA)
May 16, 2022

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including objective design standards for use when reviewing submitted project development applications.
 Ordinance No. 980 was previously adopted by the City Council to implement the required rezone action per 5th Cycle Program 2G. Specifically, this Ordinance would rezone real property identified as Assessor Parcel Numbers (APNs) 299- 100-47 and 299-100-48, owned by Watermark LP, (commonly referred to as the “Watermark parcels”) and located in the North Commercial Zone by applying the new HEI-OZ. The City is required to implement this rezone action per Government Code §65583.2(h) and (i).

Since LCPA submittal in April 2021, CCC staff and City staff have worked together to harmonize State housing law and the Coastal Act relating to this LCPA. CCC determined modifications are needed to clarify expectations for future review and implementation of “by right” multiple dwelling unit housing projects subject to the HEI-OZ overlay zone in order to ensure protection of coastal resources. Following is a summary of the CCC modifications (37 modifications), which can generally be described as addressing the following:
 Incorporates measures to protect biological resources and environmentally sensitive habitat areas and raptor species including limits on exterior lighting, breeding season limits, setbacks, and noise measures.
 Incorporates measures to address flooding and projected sea level rise where applicable to potential development within the floodplain in a manner that is consistent with the criteria previously accepted by the City Council for applicability within the North Commercial zone.
 Incorporates measures to protect cultural resources and paleontological resources to avoid and minimize impacts to potential resources.
 Incorporates clarifying corrections for consistency with the Coastal Act to clarify that per the Coastal Development Permit approval process, appeals must be filed within 10 working days (instead of 10 calendar days) and the notice of final action must be provided to the Coastal Commission within five working days (instead of seven calendar days).

The two previously adopted ordinances, in combination with the pending ordinance, will take effect only if the City accepts the complete package of modifications required by CCC for final certification. All applicable ordinances adopted by the City and certified by the Coastal Commission will become effective immediately on the date the Coastal Commission takes action to grant final certification. It is important to note that future proposed housing development in the HEI-OZ would be required to comply with the 2 May 16, 2022 Item 12
City Council Agenda Report
Acceptance of CCC Mods (2G LCPA)
May 16, 2022

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Del Mar City CouncilMay 16, 2022

Del Mar City Council
May 16, 2022